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(영문) 부산지방법원 동부지원 2012.12.26 2012고단4326
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On March 20, 2008, the Defendant violated the restrictions on the operation of vehicles of the road management authority by loading and operating cargo exceeding the minimum weight of the freight vehicles owned by the Defendant in relation to the Defendant’s business at the business office of the Seoju located at a point of 253.8km in the middle line:11.

2. Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and wholly amended by Act No. 8976 of Mar. 21, 2008), which is the applicable provisions of the facts charged in this case, "where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation."

Therefore, the facts charged in this case constitute a crime and thus not guilty under the former part of Article 325 of the Criminal Procedure Act.

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