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(영문) 대전지방법원 2013.04.26 2013고단1339
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On July 12, 1996, at around 21:52 on July 12, 1996, the Defendant, as the owner of A truck, violated the restriction on operation by loading more than 4.35 tons of gross weight and 4.7 tons of gross weight at the third axis, and more than 9.1 ton of gross weight, and operating the said vehicle.

2. The judgment prosecutor instituted a public action in accordance with Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of January 5, 1995, and amended by Act No. 7832 of December 30, 2005), and the sentence of a fine of KRW 1,00,000 was finalized by a summary order No. 96Da12567 of November 14, 1996, but Article 86 of the above Act provides that "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, the fine under Article 83(1) of the above Act shall also be imposed on the corporation and Article 2010Hun-Ga38 of October 28, 2010 shall be retroactively invalidated.

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.

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