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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단98

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of A truck. On November 29, 2001, at around 06:45, the Defendant violated the restriction on operation by loading freight of 11.3 tons on the 4 axiss, exceeding 10 tons on the road in front of the ID Korea Highway Corporation at the point outside the Seoul Metropolitan Area 32.2kidro, the outermost cycle of 10:45, Nov. 29, 2001, 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 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-level175 of May 22, 2002, 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) of the above Act shall also be imposed on the corporation, and this part shall retroactively lose its effect by the Constitutional Court Order 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.