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(영문) 광주지방법원 순천지원 2016.06.14 2016고단92
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: A employee of the Defendant committed each of the following offenses with respect to the duties of the Defendant Company as the driver of the B and C vehicle owned by the Defendant Company.

(a) On March 16, 1994, 23:55 national highways around 23:5, 1994, YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

B. On March 20, 1994, at the National Highway No. 20:25 on March 20, 1994, the traffic managers’ direction-setting at a traffic safety inspection station in the document of the Southern passenger-gun of the National Highway No. 17;

(c)on April 8, 1994, at around 11:11, 1994, load cargo of more than 11.6 ton of the foregoing vehicle for more than 10 ton of the restricted axis at a tent establishment of the Korea Road Corporation; and

D. On June 9, 1994, around 17:10, the traffic managers failed to comply with the direction of the direction at the traffic managers at the traffic control inspection station located in the local highway department No. 340 located in the document located in the Southern-gun.

2. Determination of the facts charged of this case, Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jun. 1, 1993; Act No. 4993) provides that "where an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 (Article 84 or subparagraph 2 (Article 84) with respect to the business of the corporation, a fine under the relevant Article shall be imposed on the corporation," the Constitutional Court Order 201Hun-Ga18, Oct. 25, 2012; Act No. 2011Hun-Ga24, Dec. 29, 2011; Act No. 11098, Feb. 24, 2011>

Thus, since the facts charged in this case are all cases that do not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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