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(영문) 서울서부지방법원 2017.04.27 2017고단585

도로법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in this case is that the defendant's employee committed an offense in connection with the defendant's business by loading more cargo while driving a cargo vehicle on June 25, 2003 at around 15:21, 203.

2. Determination

A. The prosecutor prosecuted the above charged facts by applying Articles 86, 83(1)2, and 54 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005).

B. Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 193; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jun. 1, 1993); Article 84 of the former Act provides that "where an agent, employee, or other worker of a corporation commits an offense under Article 84 subparagraph 1 and 2 with respect to the business of the corporation, a fine under the relevant provision shall be imposed on the corporation; Article 201 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 2010, Dec. 30, 2005; Act No. 3651, Aug. 1, 2008; Act No. 20651, Aug. 28, 2006; Act No. 2010, Feb. 1, 2007>

Thus, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.