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(영문) 대전지방법원 2015.04.22 2015고단507
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On October 19, 2006, the Defendant is the owner of a truck A, and around 14:06, the Defendant violated the restriction on operation by carrying a cargo of 13.410 tons on the 1st axis at the above place, exceeding 10 tons of a stable weight in excess of 10 tons in front of the military business office of the Korea Highway Corporation's branch office of the Korea Highway Corporation.

2. The prosecutor of the judgment applied Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005) to the facts charged in the instant case. 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 the relevant Article shall be imposed on the corporation, even if the agent, employee, or other employee of the corporation commits a violation under Article 83 (1) 2, the relevant provision shall also be imposed on the corporation."

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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