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(영문) 대전지방법원 2013.11.26 2013고단4072

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On March 16, 1998, at around 19:40 on March 16, 1998, the Defendant was the owner of a truck A, and around March 19:3, 1998, the Defendant violated the restriction on operation by loading the cargo of 11.2 tons on the 4 livestock shed in excess of 10 tons of a stable weight at the 19:2 tons of the 4 livestock , and operating

2. The part of 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) of the same Act is applied to a public prosecution and a fine of KRW 500,00 has become final and conclusive due to a summary order subject to review, but Article 86 of the same Act provides that "where an agent, employee, or other employee of a corporation commits an offense referred to in Article 83(1)2 in connection with the business of the corporation, the corporation shall also be punished by a fine referred to in the corresponding Article, if the agent, employee, or other employee of the corporation commits an offense referred to in Article 83(1)2 of the same Act."

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.