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(영문) 대전지방법원 2013.04.26 2013고단1200
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On June 23, 1993, at around 21:27, the Defendant was the owner of A truck, and around June 23, 1993, the Defendant violated the restriction on operation by loading the cargo of 11.4 tons at the third axis in excess of 10 tons at the 142.5 km front of the Seoul straightline 142.5 kilometers, and operating the said vehicle.

2. In applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and by Act No. 4920 of Jan. 5, 1995), the judgment prosecutor's punishment of KRW 200,00 was finalized by a summary order No. 93 high-ranking 11715 of Oct. 18, 1993, but Article 86 of the above Act provides that "if an agent, employee or other employee of a corporation commits a violation under subparagraph 1 of Article 84 in connection with the business of the corporation, a fine under Article 84 shall be imposed on the corporation shall also be imposed on the corporation, which shall be retroactively null and void by the decision of the Constitutional Court on Dec. 29, 2011.

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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