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(영문) 부산지방법원 동부지원 2012.12.26 2012고단4310

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On April 13, 2004, around 04:55, the Defendant violated the restrictions on the operation of vehicles by road management authorities by loading and operating freight exceeding the minimum weight of the freight vehicles owned by the Defendant in front of the branch office of the Korea Highway Corporation 18 km in the direction of the Southern Sea Highway, and by A, an employee of the Defendant, with respect to the Defendant’s business.

2. The part of Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the facts charged in this case, "where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," which is subject to a fine under the relevant Article, of the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merged)."

Therefore, the facts charged in this case constitute a crime and thus not guilty under the former part of Article 325 of the Criminal Procedure Act.