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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단199

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On October 22, 2004, the Defendant is the owner of a truck A, and the employee B violated the restriction on operation by carrying a cargo of at least 11.72 tons at the 10 tons of the 10 tons of the 1st truck and operating the 10 tons of the 1st truck.

2. The judgment prosecutor, applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), where a fine of 300,000 won was determined by the summary order No. 204 dated Feb. 25, 2005, 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) shall also be imposed on the corporation, and this part shall retroactively lose its effect by the Constitutional Court Order No. 2010Hun-Ga38 of 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.