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(영문) 대전지방법원 2013.06.28 2013고단2020
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of A truck, who is his employee B, violated the restriction on operation by loading the cargo of 11.075 tons on the third axiss of the 3-scale 782 Military Highway Corporation at around July 27, 1998 and operating the said vehicle in excess of 10.9 tons in excess of 10 tons in front of the entrance of the west coast of Jung-gu Incheon, Jung-gu, Incheon, Seoul, at the direction-control station in front of the coast of the highway, and (2) around 16:48 of July 28, 1998, the Defendant violated the restriction on operation by operating the said vehicle.

2. The part that "if an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, and is amended by Act No. 4920 of Jan. 5, 1995, and by Act No. 7832 of Dec. 30, 2005, the same shall apply Article 86 and Article 83 (1) 2 of the former Road Act, and the sentence of a fine of KRW 1,00,000 was finalized by a summary order (No. 98 High Court Order No. 20218 of Dec. 26, 1998) but Article 86 of the same Act provides that "if the agent, employee or other worker of the corporation commits a violation under Article 83 (1) 2 of the Act, the corporation shall also be punished by a fine under the relevant Article 83 (1) of the same Act, which shall 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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