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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단129
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of A truck, and the employee B violated the restriction on operation by loading a total weight exceeding 11.3 tons on the road on April 19, 1996 at a point of 92 km (92km) and operating the said vehicle on April 13:30, 1996.

2. The judgment prosecutor, applying Article 86 and Article 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), filed a public action, and the sentence of a fine not exceeding 200,000 won was finalized by a summary order No. 96 high-ranking237 of Nov. 18, 1996, but Article 86 of the above Act provides that "where an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, a fine under Article 83(1) shall also be imposed on the corporation, which shall be imposed on the corporation, is retroactively invalidated by the Constitutional Court ruling No. 2010, Oct. 28, 2010.

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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