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(영문) 대전지방법원 논산지원 2014.07.25 2014고단273

도로법위반

Text

The defendants are all innocent.

Reasons

1. Violation of summary order subject to review and summary order subject to summary order subject to review (to be funded by Daejeon District Court Decision 2003Da317 AB B B B B on December 24, 2002, 205: 05:32 Violation of gross weight limit on the business site of the 2001 J. B B B on October 26, 2000 B on October 26, 2000, No. 205: 05:23 national highways No. 40 on October 17, 1997, No. 1997Dada29 on October 15, 1967, and the summary of the facts charged: Violation of 194Da185 CBB on November 14, 1993, 194; violation of 194Da13814 decided Oct. 14, 1993.

2. Determination

A. The prosecutor of the facts charged in this part of the charges brought a public prosecution by applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993 and amended by Act No. 4920 of Jan. 5, 1995) to Article 86 and Article 84 subparagraph 1 of the same Act.

However, in Article 86 of the above Act, where an agent, employee, or other servant of a corporation commits an offence pursuant to Article 84 subparagraph 1 in connection with the business of the corporation, the corporation shall also be punished by a fine pursuant to the corresponding Article in the Act shall also be punished by the Constitutional Court Decision 201Hun-Ga24 Decided December 29, 201.

B. The prosecutor of the remaining facts charged charged filed a public prosecution by applying Articles 86 and 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) to this part of the facts charged.

However, Article 86 of the above Act provides that where an agent, employee, or other worker of a corporation commits an offense pursuant to Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine pursuant to the corresponding Article in the above Act shall also be punished by the Constitutional Court's ruling, such as the Constitutional Court's 2010Hun-Ga38, October 28, 2010.