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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단240

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On December 22, 2005, the Defendant is the owner of A truck, and around 02:15 December 22, 2005, the Defendant violated the restriction on operation by loading the cargo of more than 11.04 tons of a stable weight exceeding 10 tons at the Gangseo-gu Military Port Office at the Gangseo-gu Branch Office of the 26.5km-dong-dong-dong-dong-dong-dong-dong-dong-dong-gun

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 500,000 won was determined by the summary order No. 2006 and No. 427 of Apr. 12, 2006, but the sentence of a fine of 500,000 won was retroactively invalidated in Article 86 of the above Act, "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 of the corresponding Article shall also be imposed on the corporation," and 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.