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(영문) 전주지방법원 군산지원 2019.04.30 2019고단301
도로법위반
Text

The defendant shall be innocent.

Reasons

1. At around 04:47 on May 25, 1994, B, an employee of the Defendant, was overloaded at a point of 64.5km in the business of the Defendant and operated at a point of 64.5 km in the business of the Defendant, which is a summary of the facts charged, 10.5 tons in the second axis of C 11 ton truck, and 12.2 tons in the third axis of C 11 ton truck with stone loaded more than 0.5 tons in the 2 ton of 2 ton, and 2.2 tons in the 3 ton of 3 ton of 2 ton.

2. The prosecutor of the judgment 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; Act No. 4920, Dec. 29, 201; however, according to the Constitutional Court Order 201Hun-Ga24 decided on Dec. 29, 201, Article 86 of the former Road Act that "where an agent, employee, or other employee of a corporation commits a violation under Article 84 subparagraph 1 of the same Act with respect to the business of the corporation, the portion that "a fine under the relevant Article shall be imposed on the corporation shall also be imposed retroactively on the corporation."

Thus, the facts charged in this case constitute a case that does not 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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