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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단80
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On April 19, 197, the Defendant is the owner of a truck A, and around April 19:14, 1997, the Defendant violated the restriction on operation by loading freight of more than 11.4 tons at the 4 livestock 10 tons at the main truck business office of the Korea Highway Corporation among the Korea Highway Corporation.

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 finally determined by a summary order No. 97 high-ranking2340 of Nov. 21, 1997, 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) shall also be imposed on the corporation, which shall be imposed on the corporation, is retroactively invalidated by the Constitutional Court ruling 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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