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(영문) 대전지방법원 2013.08.28 2013고단2409
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On January 23, 1999, the Defendant was the owner of C truck, and around January 20:42, 200, the employee D violated the restriction on operation by loading freight of more than 11.30 tons of 11.30 tons on the 2 axiss and operating the said vehicle in excess of 10 tons of restricted-scale weight in the 30 tons of franchising inspection room at port.

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 wholly amended by Act No. 7832 of Dec. 30, 2005), filed a public prosecution, and the punishment of a fine of KRW 300,00 was finalized 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 86 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, the corporation shall also be punished by a fine under the corresponding Article."

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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