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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단128
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of A truck, who is his employee B, violated the restriction on operation by carrying a total weight of more than 11.6 tons on the road above the 3.7km point in the mid-west Highway Seoul Metropolitan Office, at around 17:00 on May 26, 1995, 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 determined by the summary order No. 95 high-ranking1688 of Sept. 18, 1995, but where an agent, employee, or other employee of a corporation commits a violation under Article 83(1)2 of the above Act, the portion of "where the agent, employee, or other employee of the corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, the portion of the fine under Article 86 of the same Act shall also be retroactively invalidated by the Constitutional Court ruling 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.

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