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(영문) 대전지방법원 2014.11.13 2014고단3411
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On April 28, 2007, the Defendant is the owner of a truck A, and around 15:01 on April 28, 2007, the Defendant violated the restriction on operation by loading freight of 11.21 ton and 11.18 ton on the third axis in excess of 10 ton of a stable weight in front of the IDDsan Business Office, and operating the said vehicle.

2. The part of Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Mar. 21, 2008; a fine of KRW 500,00 has been determined by a summary order subject to review but Article 86 of the same Act provides that "if an agent, employee, or other employee of a corporation commits an offense provided for in Article 83(1)2 with respect to the business of the corporation, the corporation shall be punished by a fine provided for in the corresponding Article," which states that "if the agent, employee, or other employee of the corporation commits an offense under Article 83(1)2, the corporation shall also be punished by a fine for negligence.

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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