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(영문) 대전지방법원 2013.05.31 2013고단1491
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On May 17, 1994, the Defendant is the owner of A truck. The Defendant violated the restriction on operation by loading the cargo of 11.1 ton of the 4th to the 10 ton of the 10 ton of the 10 to the 11.1 ton of the 10 to the 10 ton of the 12:23 to the 12:23 to the employees of B, with respect to his duties

2. In applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and by Act No. 4920 of Jan. 5, 1995), the sentence of a fine of KRW 300,00 was finalized by a summary order of September 26, 1994 in this court, but the sentence of a fine of KRW 300,00 has become final, but Article 86 of the above Act provides that "if an agent, employee, or other employee of a corporation commits a violation under subparagraph 1 of Article 84 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation."

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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