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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단100

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On June 25, 2002, the Defendant is the owner of A truck, and on June 25, 2002, around 12:43, the Defendant violated the restriction on operation by loading a cargo of 11.01 tons on the 4 axis and operating the said vehicle at the Korea Highway Corporation at a point of 89.5kid-Ann-nick line between 12:43, 2002.

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 amended by Act No. 7832 of Dec. 30, 2005), where a fine of 300,000 won was finally determined by the summary order No. 200 high-level3906 of Sept. 2, 2002, but Article 86 of the above Act provides that "where an agent, employee, or other employee of a corporation commits an offense 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.