logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 정읍지원 2013.05.23 2013고단124
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On December 14, 2005, at around 17:20 on December 14, 2005, the Defendant is the owner of a truck A, and around December 14, 2005, the Defendant violated the restriction on operation by loading a total weight of more than 1.86 tons on the cargo of more than 10 tons at the same mining site business office of the Korea Highway Corporation and operating the said vehicle.

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 amended by Act No. 7832 of Dec. 30, 2005), where a fine of 300,000 won was finally determined by the summary order No. 2006 and 758 of Apr. 26, 2006, but Article 86 of the above Act provides that "where an agent, employee, or other employee of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, a fine under Article 83(1) of the above Act shall also be imposed on the corporation, and this part shall retroactively lose its effect by the Constitutional Court Order No. 2010, Oct. 28, 2010.

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