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(영문) 대전지방법원 2015.09.16 2015고단2510
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is the owner of A truck, and the employee B violated the restriction on operation by loading more than 40 tons of total weight on the roads of 52 lines in front of the original village of the Daejeon Seodong-gu, Daejeon, Daejeon, about April 18, 1994, even though he was not allowed to load more than 40 tons on the roads of 25.930 tons in front of the original village of the 25.930 tons and operating more than 5.930 tons at the 2,3 3 livestocks.

2. The prosecutor charged the facts charged in the instant case by applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); however, Article 86 of the same Act provides that “if an agent, employee, or other worker of a corporation commits a violation under Article 84 subparagraph 1 of the Act regarding the business of the corporation, a fine under the relevant Article shall be imposed on the corporation shall also be imposed on the corporation,” the same provision shall apply to Article 86 of the same Act.

Therefore, the facts charged in this case 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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