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(영문) 수원지방법원 2017.06.19 2017고단3611
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant was driven by B who is his employee.

C5 ton truck is the owner of a corporation established for the purpose of automobile transportation business.

B On February 18, 1995, around 16:18, it was a restricted area in which it is impossible to operate more than 10 tons per 10 tons per axis at an inspection station at the Busan Busan Busan truck's office at a point of 423.5km, but it was operated in excess of 1.1 ton of 1.1 ton on the 2 axis.

The Defendant caused B to commit such a violation with respect to his duties.

2. The prosecutor of the judgment shall also impose a fine under Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) with respect to the facts charged of this case where the agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in relation to the business of the corporation.

“The part of “” was applied.

Accordingly, on October 28, 2010, the part corresponding to the above provision of the law was ruled 14, 15, 21, 27, 35, 38, 44, 70 (merger) and was retroactively invalidated.

3. Accordingly, inasmuch as the instant facts charged do not constitute a crime, a judgment of innocence shall be rendered in accordance with the former part of Article 325 of the Criminal Procedure Act.

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