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(영문) 전주지방법원 군산지원 2017.11.06 2017고단858
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that A, an employee of the defendant, loaded the cargo and operated the vehicle in excess of the maximum weight of around 15:46 on July 12, 2005.

2. Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 193; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jun. 1, 1993); Article 86 of the former Act provides that "where an agent, employee or other worker of a corporation commits a violation under subparagraphs 1 and 2 of Article 84 with respect to the business of the corporation, a fine under the corresponding provision shall be imposed on the corporation; Article 201 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 2010, Dec. 30, 2005; Act No. 2010, Nov. 28, 2005; Act No. 2010, Nov. 1, 2008; Act No. 2010, Aug. 26, 2006>

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.

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