beta
(영문) 전주지방법원 정읍지원 2013.05.23 2013고단150

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On January 6, 1994, at around 20:31, the Defendant, who is the owner of a truck A, violated the restriction on operation by loading a cargo of 11.2 tons on the third axis and operating the said vehicle in excess of 10 tons of a stable weight at a point of 72 kilometers at the 72 kilometers in the Gyeongnam Expressway, which is an employee B.

2. The judgment prosecutor applied Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); and the sentence of 100,000 won by a summary order of April 15, 1994 issued by this court became final and conclusive, but Article 86 of the same 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, a fine under the corresponding Article shall be imposed on the corporation, as well, is imposed on the corporation."

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.