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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단212
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On December 11, 2004, at around 09:10 on December 11, 2004, the Defendant was the owner of a truck A, and around 44.44 tons of freight on the road front of the coastwise Highway, Eastern Highway, and operated the said vehicle, the Defendant violated the restriction on operation by loading the freight of more than a total weight of 4.44 tons.

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 500,000 won was determined by the summary order No. 205 on Jun. 2, 2005, but where an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 in Article 86 of the above Act, the portion of "where the agent, employee or other employee of the corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, a fine under Article 201Hun-Ga38 of Oct. 28, 2010 shall also be retroactively null and void.

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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