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(영문) 인천지방법원 부천지원 2013.05.31 2013고단809
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of A truck, and the employee B violated the restriction on operation by loading the freight of more than 44.4 tons of total weight at the 5.1km point of Kug-ri, 5.1km-ri, 205, around August 30, 2005 with respect to the Defendant’s duties, around August 18:22, 2005.

2. The judgment prosecutor, applying 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; hereinafter referred to as the "the former Road Act") to a public prosecution, and the sentence of a fine of 300,000 won is finalized with a summary order of 2006 high-level 1104 on March 23, 2006; however, Article 86 of the above 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 be punished by a fine under Article 83(1) shall also be retroactively null and void."

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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