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(영문) 대전지방법원 논산지원 2013.06.28 2013고단187
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, as the owner of B truck, and C, the Defendant’s employee, as the Defendant’s employee, violated the restriction on the operation of the vehicle by operating the said truck as loaded with freight of 12.65 tons on the 2 axis of the said truck exceeding 10 tons in the control place of the restricted vehicle operation-restricted vehicles located in the 09:48, Chungcheongnam, the Chungcheongnamnam-gun, the Chungcheongnam-gun, the Chungcheongnam-gun, the Chungcheongnam-gun-gun, the Chungcheongnam-gun, the Ha

2. The prosecutor charged a public prosecution by applying Articles 86 and 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) to the facts charged in the instant case.

However, Article 86 of the above Act provides that "if an agent, employee, or other worker of a corporation commits an offense pursuant to Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine pursuant to the corresponding Article," the Constitutional Court shall be punished by a fine pursuant to the corresponding Article."

Thus, the facts charged in this case constitute a case that does not 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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