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(영문) 대전지방법원 2013.05.31 2013고단1489

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On September 27, 1993, at around 23:45, the Defendant was the owner of A truck, and around September 27, 1993, the Defendant violated the restriction on operation by loading freight of more than 10.8 tons at a 2 axis and 11.3 tons at a 3 axis and operating the said vehicle.

2. In applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and by Act No. 4920 of Jan. 5, 1995), the judgment prosecutor's punishment of KRW 200,00 was finalized by a summary order of Jan. 21, 1994 (amended by Act No. 15683 of Jan. 21, 1994), but Article 86 of the above Act provides that "if an agent, employee or other employee of a corporation commits a violation under subparagraph 1 of Article 84 in connection with the business of the corporation, the corporation shall be punished by a fine under Article 84 shall also be imposed on the corporation." This part of the Constitutional Court Order No. 2011Hun-Ga24 of Dec. 29, 2011 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.