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(영문) 대전지방법원 2013.08.20 2013고단2930
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of A truck, and around April 23, 1993, around 23:57, the Defendant violated the restriction on operation by loading the freight of more than 13.3 tons on a 2 livestock shed in excess of 10 tons of a stable weight at the front of the Seoul Highway Corporation's business office and operating the said vehicle.

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); and the sentence of a fine of KRW 100,00 was finalized by a summary order subject to review but, in case an agent, employee or other employee of a corporation commits a violation under Article 84 subparagraph 1 of the same Act in Article 86 of the same Act, the portion that "if the agent, employee or other employee of the corporation commits a violation under Article 84 subparagraph 1 of the same Act in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article." was retroactively invalidated by the decision of the Constitutional Court on December 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.

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