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(영문) 대전지방법원 천안지원 2013.04.09 2012재고단3

도로법위반

Text

The Defendant is not guilty. The summary of the judgment of innocence of this case is publicly notified.

Reasons

1. On July 24, 2001, at around 02:47, the Defendant, an employee of the Defendant, violated the instant facts charged, by operating B cargo vehicles with the loading capacity exceeding 44.5 tons in load capacity exceeding the gross weight of 40 tons at the access roads to the Yananananandong branch of the Korea Highway Corporation.

2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Oct. 28, 2010; the Constitutional Court rendered a decision that “where an agent, employee, or other worker of a corporation commits an offense under Article 83(1)2 with respect to the business of the corporation, a fine under the pertinent Article shall also be imposed on the corporation” in Article 86 of the above Act shall be imposed against the Constitution (the Constitutional Court Order 2010Hun-Ga38, Oct. 28, 2010) that “if the agent, employee, or other worker of the corporation commits an offense under Article 83(1)2 with respect to the business of the corporation, the provision of the above Act, which

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of the defendant is publicly announced under Article 58(2)