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(영문) 대전지방법원 2013.07.23 2013고단2453
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On May 29, 2006, at around 23:20 on May 29, 2006, the Defendant, as the owner of B truck, violated the restriction on operation by loading freight of 11.05 tons for the 32th ton, 10.15 ton, 10.85 ton, and 11.05 ton for the 4th and operating the said vehicle with a capacity exceeding 10 ton of 10 ton in front of 32 national highways located in Doegri-gu, Doeg-si, Doegri-si, a Doe-si

2. The judgment prosecutor, applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and by Act No. 8976 of Mar. 21, 2008), where a fine of KRW 300,00 was determined by a summary order subject to review, but Article 86 of the same Act provides that "where an agent, employee, or other employee of an individual commits an offense under Article 83(1)2 in connection with the individual's business, a fine under the relevant Article shall also be imposed on the individual, as well as the individual, is retroactively invalidated by the decision of Oct. 28, 2010 and retroactively invalidated by the decision of Oct. 24, 2010, the facts charged in the instant case constitute a crime and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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