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(영문) 대전지방법원 2013.04.26 2013고단1171

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On September 22, 2001, the Defendant is the owner of a truck A, and around September 16, 2001, the Defendant violated the restriction on operation by loading freight of 11.405 tons at the 5 livestock shed, 11.3 tons at the 5 livestock shed, and 45.870 tons of gross weight, which exceeds 40 tons of gross weight and 10 tons at the 4 livestock shed prior to the Gun owner's business office, and operating the said vehicle.

2. The judgment prosecutor instituted a public action in accordance with Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), and the sentence of a fine of KRW 1,00,000 was finalized by a summary order (No. 200 high-level3687 of Mar. 26, 2002) but Article 86 of the above Act provides that "where an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, the corresponding fine under Article 83(1) shall also be imposed on the corporation, which shall be imposed on the corporation, by the Constitutional Court ruling that this part shall retroactively lose its effect.

Therefore, the facts charged in this case constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.