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(영문) 대전지방법원 2013.05.31 2013고단1520
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On July 9, 1994, at around 05:37 on July 9, 1994, the Defendant, the owner of a truck A, who is his employee B, violated the restrictions on operation by loading the freight of at least 11.4 tons on the third axis and at least 1.5 tons on the front of the truck trucking station for the old Highway, and operating the said vehicle.

2. The judgment prosecutor applied 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) to a public action, and the sentence of a fine of KRW 300,00 was finalized by a summary order No. 94 high-ranking 10645 of Oct. 31, 1994, 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, the corporation shall be punished by a fine under Article 84 shall also be imposed on the corporation." This part of the Constitutional Court Decision No. 2011Hun-Ga24 of Dec. 29, 201 shall retroactively lose its effect.

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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