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(영문) 대전지방법원 2015.03.31 2015고단515
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of A truck, and the employee B violated the restriction on operation by loading a cargo of 11.060 tons on the 2nd axis and operating the said vehicle on September 8, 2008 at a point of 89.5 km from the 14:34:0 p.m., the 14:34, the 14:00 p.m., at the end of the Gwangju Highway, exceeding 10 tons of low weight on the road in front of the Gwangju Highway

2. The judgment prosecutor applied Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008) to a public prosecution and applied Article 86 and Article 83(1)2 of the same Act, which became final and conclusive a fine of KRW 300,00 as a summary order subject to review, but Article 86 of the same Act provides that "if an agent, employee, or other employee of a corporation commits an offense under Article 83(1)2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding provision of the same Act."

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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