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(영문) 대전지방법원 2013.06.28 2013고단2039

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On October 19, 193, the Defendant is the owner of A truck, and around 13:54 on October 19, 1993, the Defendant violated the restriction on operation by loading the freight of 11.2 tons on the 2 axiss exceeding 10 tons of a stable weight at the front of the Donsan Industrial Complex, and operating the said vehicle.

2. The part of 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); the sentence of a fine of KRW 200,00 was finalized by a summary order of February 26, 1994 by the court; however, in Article 86 of the above Act, the phrase "where 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 also be imposed on the corporation," which states that "if the agent, employee, or other employee of the corporation commits a violation under subparagraph 1 of Article 84, the penalty shall be imposed on the corporation, as well, by the decision of the Constitutional Court on December 29, 2011."

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.