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(영문) 대전지방법원 2015.04.21 2015고단710
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On February 13, 2006, the Defendant is the owner of a truck A, and around 07:43 on February 13, 2006, the Defendant violated the restriction on operation by loading freight of at least 11.72 tons on the 2 livestock, and 12.29 tons on the 3 livestock and operating the said vehicle in excess of 10 tons before the new coal industry establishment.

2. The judgment prosecutor applied Article 86 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 action, and the sentence of a fine of KRW 700,00 has become final and conclusive by 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 Article," with respect to Article 83 (1) 2 of the same Act, the portion that "if the agent, employee or other employee of the corporation commits an offense under Article 83 (1) 2 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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