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(영문) 대전지방법원 2015.03.31 2015고단666
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of A truck. On March 28, 2003, the Defendant violated the restriction on operation by loading freight exceeding 0.55 meters at a height of 4.5 meters and operating the said vehicle at a height exceeding 0.55 meters from the 706 line of the road design standard at the 706 line of the Gunnam-si, Gunnam-si, Daejeon-si, Daejeon-si, Daejeon-si, Daejeon-si, and Daejeon-do, in relation to the work of B, who is its employee.

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) that "if an agent, employee, or other worker of a corporation commits an offense as prescribed in Article 83(1)2 in connection with the business of the corporation, a fine of KRW 700,00 has become final and conclusive due to a summary order subject to review, but Article 86 of the same Act that "if the agent, employee, or other worker of the corporation commits an offense as prescribed in Article 83(1)2, a fine as prescribed in the corresponding Article shall also be imposed on the corporation is retroactively invalidated by

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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