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(영문) 부산지방법원 동부지원 2012.12.26 2012고단4318
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. On October 22, 2003, around 04:08, the Defendant violated the restriction on vehicle operation by the road management authority in relation to the Defendant’s business at the location of 4.32 km located in the Busan direction-based Busan direction-finding office.

B. On October 22, 2003, around 05:03, the Defendant violated the restriction on the vehicle operation of the road management authority with respect to the Defendant’s business at the North Busan Northern District Office at a point of 163.38 km in the direction of Kim Sea, and A, an employee of the Defendant, violated the restriction on the vehicle operation of

2. The part of 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), which is the applicable provisions of the facts charged in this case, "where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," which is subject to a fine under the relevant Article, of the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merged)."

Therefore, the facts charged in this case constitute a crime and thus not guilty under the former part of Article 325 of the Criminal Procedure Act.

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