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(영문) 대전지방법원 2015.08.19 2015고단2509

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On April 13, 1995, the Defendant is the owner of a truck A, and around 13:11 on April 13, 1995, the Defendant violated the restriction on operation by loading freight of at least 11.4 tons on the two axiss of the above vehicle and operating the above vehicle at the top of the Ulsan Highway Corporation located at a four-kilometer point in the winter line at the intersection of the Ulsan Highway. < Amended by Presidential Decree No. 14870, Apr. 13, 1995>

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 wholly amended by Act No. 7832 of Dec. 30, 2005), filed a public prosecution and the punishment of a fine of KRW 700,00 was finalized by a summary order subject to review, but Article 86 of the same Act provides that "if an agent, employee, or other employee of a corporation commits an offense under Article 83(1)2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article," which stated in Article 86 of the same Act that "if the agent, employee, or other employee of the corporation commits an offense under Article 83(1)2, the corporation shall also be punished by a fine under the corresponding Article."

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.