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(영문) 대전지방법원 천안지원 2015.04.23 2015고단393

도로법위반

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On May 7, 2005, around 05:40 on May 7, 2005, B, an employee of the Defendant, as the driver of C truck, violated the restriction on the operation of the vehicle by loading the vehicle at the 13.20 tons from the axis, 2, 3, 4, gross weight, 13.40 tons from the breadth, 14.15 tons, 14.15 tons, 14.10 tons, 54.85 tons, and 2.7 meters, respectively, and loading the vehicle at the 05:40 tons, 3.40 tons, 4.15 tons, 4.15 tons, 4.10 tons, 4.10 tons, 4.10 tons, 4.10 tons, 14.85 tons, and 0.2 meters in excess of the restriction on the operation of the vehicle.

2. The part of 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) that "if an agent, employee, or other worker of a corporation commits an offense as prescribed in Article 83(1)2 in connection with the business of the corporation, a fine of KRW 700,00 has become final and conclusive due to a summary order subject to review, but Article 86 of the same Act that "if the agent, employee, or other worker of the corporation commits an offense as prescribed in Article 83(1)2, a fine as prescribed in the corresponding Article shall also be imposed on the corporation is retroactively invalidated by

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.