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(영문) 대전지방법원 2015.04.17 2015고단754
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On July 4, 200, the Defendant: (a) was the owner of C Trucks; (b) on July 4, 2000, the Defendant violated the restriction on operation by loading freight of 11.1 ton on the 4 livestock, exceeding 10 ton of a stable weight, at the front of the Doksan Highway located in the Doksan City, in addition to around July 4, 200.

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 wholly amended by Act No. 7832 of Dec. 30, 2005), filed a public prosecution, and the punishment of a fine of KRW 1,00,00 was finalized due to a summary order subject to review, but Article 86 of the same Act provides that "where 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 Article," which stated in Article 86 of the same Act that "if the agent, employee or other employee of the corporation commits an offense under Article 83(1)2, the corporation shall also be punished by a fine under the corresponding Article, which affected the retroactive 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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