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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단133
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of A truck. On January 8, 1996, around 07:43, the employee B violated the restriction on operation by loading freight exceeding 11.2 tons of total weight of 10 tons at the front of the inspection station at the Daejeon Southern Expressway at a point of 19.5km of the 19.5km Highway, and operating the said vehicle.

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), shall institute a public action, and the sentence of 200,000 won by a summary order of April 29, 1996 of this Court became final and conclusive, but Article 86 of the above Act provides that "if 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 under Article 83(1) of the above Act shall also be imposed on the corporation, as well as Article 2010Hun-Ga38 of Oct. 28, 2010, this part 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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