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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단119

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On October 25, 1994, the Defendant is the owner of A truck. The Defendant violated the restriction on operation by loading a total weight exceeding 45.9 tons at the parallel line of a Ulsan 4km point in Ulsan 17:38 on October 25, 1994, and operating the said vehicle. On the same method, the Defendant violated the restriction on operation by operating the said vehicle by loading a total weight exceeding 40 tons at the parallel line of a Ulsan 4km point in a Ulsan 4km point in a Ulsan 4km and operating the said vehicle. On November 18, 1994, the Defendant violated the restriction on operation by operating the said vehicle.

2. The judgment prosecutor instituted a public action by applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and by Act No. 7832 of Dec. 30, 2005), and the sentence of a fine not exceeding 500,000 won was finalized by a summary order No. 1995 high-level 198 of Mar. 23, 1995, but Article 86 of the above Act provides that "where an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, a fine under Article 83(1) of the above Act shall also be imposed on the corporation, which shall be retroactively invalidated by the Constitutional Court Order No. 2010, Oct. 28, 2010.

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.