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(영문) 대전지방법원 천안지원 2015.06.18 2015고단142
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On June 13, 200, at the 15:12, 200 Gwangju Highway branch office located in 159km in Seoul direction, the summary of the facts charged, C, an employee of the Defendant of the 2015 Height 142, violated the restriction on vehicle operation of the road management authority by operating the said truck as loaded with the cargo of more than 10 tons from the 2 axis to the 11.7 tons of the restriction axis.

E, an employee of the Defendant, “2015 Highest 144,” was a driver of FF vehicle and violated the restrictions on the operation of vehicles by the road management authority by loading and operating freight of 11.16 tons on the 2 axis of the said vehicle in excess of 10 tons at the front of the business establishment of 18km in the direction of the termination of the 17:31 January 15, 2003.

G, an employee of the Defendant of the 2015 Highest 146, as the driver of HF, violated the restriction on the operation of the vehicle of the road management authority by operating the said cargo vehicle while loaded the cargo with gross weight exceeding 44.80 tons in total weight exceeding 40 tons on the street at the location of the 4km branch office in the central line of 1484, Yangsan-si, Yangsan-si, 13:19 on April 13, 2004.

2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Oct. 28, 2010; and the Constitutional Court rendered a decision that “where an agent, employee, or other worker of a corporation commits an offense under Article 83(1)2 with respect to the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation” under Article 86 of the above Act that “if the agent, employee, or other worker of the corporation commits an offense under Article 83(1)2 with respect to the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation in violation of the Constitution (Ruling 2010Hun-Ga38

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