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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단122

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On April 14, 1996, at the Korea Highway Corporation located in Gwangju Metropolitan City around 12:59 around April 14, 1996, the Defendant is the owner of A truck, and the Defendant violated the restriction on operation by loading cargo of more than 11.4 tons of total weight exceeding 10 tons and operating the said vehicle.

2. The judgment prosecutor, applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and by Act No. 7832 of Dec. 30, 2005), filed a public action, and the sentence of a fine not exceeding 300,000 won was finalized by a summary order No. 96 high-ranking2480 of Nov. 18, 1996, 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, a fine under Article 83(1) shall also be imposed on the corporation, which shall be imposed on the corporation, retroactively becomes void by the Constitutional Court ruling No. 2010, Oct. 28, 2010.

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.