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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단99
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On February 23, 2002, around 15:50 on February 23, 2002, the Defendant was the owner of a truck A, and the employee B violated the restriction on operation by loading a cargo of 11.01 ton on a 4 livestock shed in excess of 10 ton of a stable weight on the boom line at the boom line.

2. The judgment prosecutor, applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), where a fine of 300,000 won was determined by the summary order No. 2459 of Aug. 5, 2002, but the sentence of a fine of 300,000 won was determined by the summary order No. 2459 of Aug. 5, 2002, but Article 86 of the above Act provides that "where an agent, employee, or other employee of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, a fine of the corresponding Article shall also be imposed on the corporation, as well, becomes retroactively null and void.

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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