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(영문) 수원지방법원 2017.06.19 2017고단3620
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant was driven by F as his employee.

G5 ton truck is a corporation established to carry on trucking transport business.

F, around 16:3 on September 2, 1997, when driving the above vehicle in front of a Gun's office located at a point 19.8km on the coast of the Highway, the F, while not operating more than 10 tons per each axis, was on the operation of the above vehicle in excess of 12.1 ton on the 2 axis of the above vehicle without justifiable grounds.

The Defendant, as above, violated F’s duties.

2. The prosecutor of the judgment shall also impose a fine under Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) with respect to the facts charged of this case where the agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in relation to the business of the corporation.

“The part of “” was applied.

Accordingly, on October 28, 2010, the part corresponding to the above provision of the law was ruled 14, 15, 21, 27, 35, 38, 44, 70 (merger) and was retroactively invalidated.

3. Accordingly, inasmuch as the instant facts charged do not constitute a crime, a judgment of innocence shall be rendered in accordance with the former part of Article 325 of the Criminal Procedure Act.

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