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(영문) 대전지방법원 천안지원 2015.04.23 2015고단356
도로법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On April 29, 2003, A, an employee of the Defendant, as the driver of B freight vehicle, violated the restriction on vehicle operation of the road management authority by loading and operating freight of 13.26 tons and 12.43 tons on the third axis of the above vehicle in excess of 10 tons of the restricted wn among the 10 tons on the street in front of the Korea Highway Corporation located in the New East East-dong Highway, as of April 29, 2003.

2. The part of 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) that "if an agent, employee, or other worker of a corporation commits an offense as prescribed in Article 83(1)2 with respect to the business of the corporation, a fine of KRW 300,00 has become final and conclusive due to the summary order subject to review, but Article 86 of the above Act provides that "if the agent, employee, or other worker of the corporation commits an offense as prescribed in Article 83(1)2, the corporation shall be punished by a fine as prescribed in the corresponding Article shall also be imposed

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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