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(영문) 광주지방법원 해남지원 2015.11.19 2015고단433
도로법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

The summary of the facts charged of this case is that at around 13:44 on September 21, 2003, A, an employee of the Defendant, violated the restriction on the vehicle operation of the road management authority and thus, violated the Defendant’s duties by operating the vehicle operation of the Defendant at around 11.19 tons exceeding 1.19 tons of the 4 livestock with a gross weight of more than 0.90 tons, the 5 livestock with gross weight of more than 40 tons and more than 5.29 tons, and thereby violating the restriction on the vehicle operation of the road management authority at around 45.29 tons.

However, 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 applies mutatis mutandis to the facts charged in this case, "where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," which is the Constitutional Court Order 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (combined), and Article 47 (3) of the Constitutional Court Order and Article 47 (3) of the Constitutional Court Act, the aforementioned facts charged shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act and the summary of the judgment against the defendant pursuant to Article 440 of the Criminal Procedure Act.

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