[도로운송차량법위반][하집1988(1),525]
Article 39 of the Road Transport Vehicles Act (amended by Act No. 3912 of Dec. 31, 1986) subject to the operation act under Article 39
When interpreting the relevant provisions of the Road Transport Vehicles Act (amended by Act No. 3912 of Dec. 31, 1986) in an organic manner, an act of operation prohibited under Article 39 of the same Act refers to an act of operating a vehicle by a person who actually drives the vehicle meeting the security standards, and it does not include an act of having the representative director of the transportation company, who is the highest person responsible for the operation and maintenance of the vehicle, operate the vehicle in a state that the actual operator fails to meet the security standards.
Article 39 of the Road Transport Vehicles Act
Defendant
The defendant is innocent.
The summary of the facts charged of this case is that the defendant, as the representative director of the (vehicle number omitted) corporation, is operating a bus of 16:35 on April 23, 1987, which is a person in charge of operating and maintaining buses of 200,000 won or less, the defendant, who is an actual manager of operation of the above corporation, and the non-indicted 1, at the entrance of 20,000,000 Busan Metropolitan City Do 200,0000,0000,0000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,00,000,000,000,00,000,00,00).
In the end, the facts charged in this case constitute a case that does not constitute a crime, and thus, a verdict of innocence under the former part of Article 325 of the Criminal Procedure Act
It is so decided as per Disposition for the above reasons.
Judges Scare-type