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(영문) 대전지방법원 2015.04.22 2015고단750
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On November 2, 1994, at around 20:02, the Defendant, as the owner of A truck, violated the restriction on operation by loading freight of 10.3 tons at the 1st ton, 10.3 tons at the 3rd ton, 10.8 tons at the 3rd ton, and 11.3 tons at the 4th ton, and operating the said vehicle.

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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