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(영문) 대전지방법원 논산지원 2014.08.26 2014고단336

도로법위반

Text

The defendants are all innocent.

Reasons

1. Violation of a limited weight in a fluorial area at the time and place of a cargo driver belonging to the summary order subject to review of the summary order subject to the summary order subject to review and the facts charged (to be supported by the argument of the Daejeon District Act) by the Korea Highway Corporation on December 13, 2002, approximately 2568 CDD 2568 CD 14 on December 14, 13, 2001;

2. As to each of the facts charged in the instant case, the public prosecutor filed a public prosecution by applying 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).

However, Article 86 of the above Act provides that "if an agent, employee, or other worker of a corporation commits an offense pursuant to Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine pursuant to the corresponding Article," the Constitutional Court shall be punished by a fine pursuant to the corresponding Article." < Amended by Act No. 997, Oct. 28, 2010>

Thus, since each of the facts charged in this case constitutes a case that does not constitute a crime, the defendant shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.