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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단101
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On April 14, 2004, the Defendant is the owner of a truck A, and around 15:04, the Defendant violated the restriction on operation by loading freight of at least 11.09 tons on the 4 livestock, exceeding 10 tons of a stable weight, at a dong Seoul Metropolitan Government Office located in the Jung-do Highway 361.5kim on the 15:04, and operating the said vehicle.

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), where a fine of 300,000 won was determined by the summary order No. 204 high-ranking1518 of Sept. 7, 2004, but Article 86 of the above Act provides that "where an agent, employee, or other employee of a corporation commits an offense under Article 83(1)2 in connection with the business of the corporation, a fine under Article 83(1) of the above Act shall also be imposed on the corporation, and this part shall retroactively lose its effect by the Constitutional Court Order 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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