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(영문) 인천지방법원 부천지원 2013.06.28 2013고단980

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of D5 tons truck, and, in relation to the Defendant’s work, E, its employee, violated the restriction on operation by loading freight of more than 11.480 tons on the front of the 7.4km branch office in the central line of 7.50 km, on June 27, 2007, more than 10 tons 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. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Aug. 8, 2007; a fine of 300,000 won was finalized by a summary order issued on August 8, 2007; but Article 86 of the above Act provides that "if an agent, employee, or other employee of a corporation commits an offense provided for in Article 83(1)2 in connection with the business of the corporation, a fine provided for in the corresponding Article shall also be imposed on the corporation." This part of the Constitutional Court Order 2008Hun-Ga17, Jul. 30, 2009, retroactively loses its effect.

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.