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(영문) 서울동부지방법원 2014.10.31 2014고단3059
도로법위반
Text

The defendant shall be innocent.

Reasons

1. A’s summary of the facts charged is A’s special cargo driver A, and the Defendant is the owner of the above vehicle.

A around 1:51 on July 9, 2004, around 11:51, in Incheon Metropolitan City, operated the above vehicle with a gross weight exceeding 44 tons exceeding 40 tons in front of a Guner's business office in the direction of the Dong Highway, thereby violating a road management authority's restriction on vehicle operation, and the Defendant, as his employee, committed the above-mentioned violation in relation to his duties in temporary.

2. As to Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); or Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005; Act No. 866, Mar. 21, 2008; Act No. 8976, Mar. 29, 2008; Act No. 10655, Dec. 24, 2011; Act No. 10681, Dec. 31, 2017; Act No. 10688, Dec. 14, 2015; Act No. 8677, Mar. 2, 2007.

Thus, the facts charged in this case constitute a case that does not 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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