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(영문) 대전지방법원 2013.07.23 2013고단2423
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On November 11, 1998, the Defendant is the owner of A truck, and around 10:51 on November 11, 1998, the Defendant violated the restriction on operation by carrying a cargo of 11.1 ton on the 5 livestock, exceeding 10 ton of a stable weight, at the 10 ton of the 5 livestock, in relation to the work of B, who is its employee.

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 wholly amended by Act No. 7832 of Dec. 30, 2005), shall institute a public prosecution, and a fine of KRW 100,00 has become final and conclusive due to a summary order subject to review, but Article 86 of the above Act provides that "where an agent, employee, or other employee of a corporation commits an offense under Article 83(1)2 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation," which is "where the agent, employee, or other employee of the corporation commits an offense under Article 83(1)2 of the above Act, a fine under the corresponding Article shall also be imposed on the corporation, which is retroactively invalidated by the decision of the Constitutional Court on Oct. 28, 2010. Therefore, the facts charged in this case

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