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(영문) 대전지방법원 2015.04.30 2015고단755
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On December 22, 2006, the Defendant is the owner of a truck A, and around 05:02 on December 22, 2006, the Defendant violated the restriction on operation by loading the cargo of more than 44.53 tons of gross weight at the Busan Daejeon Daejeon Daejeon District Office.

2. The part of Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Mar. 21, 2008) that "if an agent, employee, or other worker of a corporation commits an offense under Article 83(1)2 in relation to the business of the corporation, the corporation shall be punished by a fine under the corresponding Article," which stated in Article 86 of the above Act that "if the agent, employee, or other worker of the corporation commits an offense under Article 83(1)2, the corporation shall also be punished by a fine under the corresponding Article."

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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