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(영문) 인천지방법원 부천지원 2013.06.28 2013고단981
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of B Hyundai 18 tons truck, and at around November 16, 2000, C, an employee of the Defendant, violated the restriction on operation by loading freight at the level of 4.21 meters and operating the said vehicle with the restricted height exceeding 4 meters in the control of the vehicles subject to restriction on operation of public road 39 on November 16, 200, in the case of Busan Metropolitan City, the red direction of the national highway 39 on November 16, 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 amended by Act No. 7832 of Dec. 30, 2005), shall institute a public action, and the sentence of a fine of 300,000 won is finalized by a summary order of 2001 high-ranking and 114555 of this court on Dec. 15, 2001. However, in Article 86 of the above Act, 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, the portion of the fine of the corresponding Article shall also be imposed on the corporation, which shall be retroactively invalidated by the Constitutional Court Order 201Hun-Ga38 of Oct. 28, 2010.

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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