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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단135

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On March 18, 1996, around 14:23, the Defendant, who is the owner of A truck, violated the restriction on operation by loading freight exceeding 11.4 tons of total weight of 10 tons at the front of the 119km of the Honam Highway 119km, in relation to his duties, 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), shall institute a public action, and the sentence of a fine not exceeding 300,000 won was finalized by a summary order No. 96Ga718 of May 23, 1996, but Article 86 of the above Act provides that "if 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) shall also be imposed on the corporation, as well, retroactively lose its effect by the Constitutional Court Order No. 2010Hun-Ga38 of 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.