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(영문) 수원지방법원 2017.06.19 2017고단3614
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is driving A.

B 1.5 ton truck owners, and corporations established for the purpose of truck transport business.

A On October 31, 1999, around 09:35, he driven the above 11.5 tons of 11.5 tons of truck on the roads of the national highway 42 in Egcheon-si, Dongcheon-si, Eup. In order to preserve road structures and prevent traffic risks, A restricted the operation of vehicles exceeding 40 tons of total weight, 10 tons of a stable, 4 meters in height, 2.5 meters in width, and 16.7 meters in length. However, A operated the above 11.5 tons of truck with containers loaded on the above 11.5 meters of truck with a width of 3.0 meters.

The Defendant caused A 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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