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(영문) 서울중앙지방법원 2019.06.11 2019고단3129
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant, at around 09:49 on May 14, 1996, 200: (a) the Defendant, an employee of the Defendant, loaded and operated C vehicle with freight of 11.2 tons and 11.8 tons on the third axis of C vehicle in excess of 10 tons of the limited axis at the parallel line of a flat business office at a distance of 26 km-ri, 1996; (b) around 12:21 on the same day, the Defendant violated the restriction on the vehicle operation of each road management authority by loading and operating C vehicle with freight of 10.8 tons and 11.6 tons of the limited axis at the parallel line of a sexual south business office at a distance of 5.1km-ri, 12:21 on the same day; and (c) exceeding 10.8 tons of the limited axis.

2. 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), which is a penal provision for the above facts charged, "if an agent, employee, or other worker of a corporation commits a violation provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation," which is the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merged).

Thus, the above facts charged 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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