logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.12.20 2013고단4653
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On July 19, 2005, the Defendant is the owner of a truck A, and around July 21, 2005, around July 21, 2002, the Defendant violated the restriction on operation by loading a cargo of 11.09 tons on the 5 livestock with a stable weight exceeding 10 tons at the front of the Dong-dong Office of the Korea Highway Corporation, and operating the said vehicle.

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) of the same Act is applied to a public prosecution and a fine of KRW 300,00 has become final and conclusive due to a summary order subject to review, but Article 86 of the same Act provides that "where an agent, employee, or other employee of a corporation commits an offense referred to in Article 83(1)2 in connection with the business of the corporation, the corporation shall also be punished by a fine referred to in the corresponding Article, if the agent, employee, or other employee of the corporation commits an offense referred to in 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.

arrow