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(영문) 대전지방법원 2013.05.22 2013고단573

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On October 6, 2001, at around 17:59, the Defendant was the owner of a truck A, and around October 17:59, the Defendant violated the restriction on operation by loading the cargo of more than 11.5 tons with limited weight exceeding 10 tons at the Seoul Industrial Complex, Seoul Urban Complex, 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 wholly amended by Act No. 7832 of Dec. 30, 2005), shall institute a public action, and the sentence of a fine of KRW 500,00 is finalized by a summary order No. 201 high-ranking28983 of Jan. 14, 2002, but Article 86 of the above Act provides that "if 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, the corporation shall also be punished by a fine under the corresponding Article 83(1) of the Act shall also be retroactively null and void."

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.