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(영문) 광주지방법원 해남지원 2017.02.09 2017고단20
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 "A, an employee of the defendant, was in violation of the restriction on the operation of a vehicle of the road management agency by operating a B vehicle on March 22, 2006, while driving the vehicle, while exceeding 1.49 tons of total weight exceeding 1.49 tons in front of the restricted axis in front of the Ganpo-si Kimpo-si, 760-1 located in the Gyeongpo-si, Kimpo-si, Kimpo-si, Seoul Special Metropolitan City, located in the Republic of Korea (the outerly 51.9 kilometers), and the inspection station, the summary of the facts charged of this case is that "the defendant violated the restriction on the operation of the vehicle of the road management agency by operating the vehicle of this case."

However, Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008), which applies to the facts charged of this case, "where an agent, employee or other worker of a corporation commits a violation provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation," which is subject to the provisions of Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005). The part that "if the agent, employee or other worker of the corporation commits a violation provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation, retroactively as the Constitutional Court Order 2008Hun-Ga 17 and Article 47 (3) of the Constitutional Court Act.

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