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(영문) 부산지방법원 동부지원 2012.12.26 2012고단4342

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On April 29, 2002, the Defendant violated the restriction on the operation of vehicles by the road management authority by loading and operating the freight exceeding the gross weight of the freight vehicles owned by the Defendant in excess of the total weight of the freight vehicles owned by the Defendant at the front of the Seoul direction-based Busan Metropolitan Office at a point of 422 km, Busan, the Defendant’s employees, around 15:11.

2. The part of Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the facts charged in this case, "where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," which is subject to a fine under the relevant Article, of the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merged)."

Therefore, the facts charged in this case constitute a crime and thus not guilty under the former part of Article 325 of the Criminal Procedure Act.