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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단151

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On January 24, 1994, around 00:25 on January 24, 1994, the Defendant, as the owner of A truck, violated the restriction on operation by loading more than 12 tons of freight on the 2nd nives of the nives of the nives of Jinyang-gun, Jinyang National Highway 2, Ginyang-gun.

2. The judgment prosecutor applied Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995) to a public action, and the sentence of 100,000 won by a fine for summary order No. 94 high-ranking266, Apr. 15, 1994 became final and conclusive, but Article 86 of the above Act provides that "if an agent, employee, or other employee of a corporation commits a violation under subparagraph 1 of Article 84 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation, as well, becomes retroactively null and void by the Constitutional Court Order No. 2011Hun-Ga24, Dec. 29, 2011.

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.