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(영문) 서울중앙지방법원 2015.03.24 2015고단825
도로법위반
Text

The defendant shall be innocent.

Reasons

1. At around 17:20 on November 27, 1997, the Defendant’s employees C violated the restrictions on the operation of vehicles by driving the D8 tons of freight vehicles owned by the Defendant in the state of loading 11.4t of 11.4t to the base weight exceeding 10t on the 2 axis of the freight vehicles owned by the Defendant at a point of 18 km located in the Southern Sea Highway located in Gangseo-gu Busan, Gangseo-gu, Busan.

2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005; where an agent, employee or other worker of a corporation commits a violation provided for in Article 83(1)2 in Article 86 of the above Act, the Constitutional Court shall be punished by a fine provided for in the corresponding Article, even the corporation."

3. As such, the facts charged in this case 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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