logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.04.17 2015고단742
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of A truck, and around 10:10 on September 28, 1993, the Defendant violated the restriction on operation by loading the cargo of 13 tons of each of the 2 and 3 tons on the 10 tons of a weight exceeding 10 tons in front of the enemy vehicle inspection station located in the Gansung-gun-gun-gun, Gyeonggi-do on September 28, 1993 and operating the said vehicle.

2. The judgment prosecutor, applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), filed a public prosecution, and the punishment of a fine of KRW 200,00 was finalized by a summary order subject to review, but Article 86 of the same Act provides that "if an agent, employee, or other employee of a corporation commits an offense under Article 83(1)2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article, as well as the corporation, is retroactively invalidated by the Constitutional Court Order No. 2010Hun-Ga38 of Oct. 28, 2010.

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.

arrow