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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단205
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On February 17, 2005, the Defendant is the owner of A truck, and around 10:24 on February 17, 2005, the Defendant violated the restriction on operation by loading freight (animal feed) exceeding 44.5 tons at the Korea Highway Corporation at a point of 137.3kid-meter 137.3kid-line for the west coast Highway, which is the owner of A truck, and operating the said vehicle.

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 one million won is determined by a summary order No. 2005Da1418 of Jul. 27, 2005, but 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 Article 83(1) of the above Act shall also be imposed on the corporation, which shall be imposed on the corporation, is retroactively invalidated by the Constitutional Court Order No. 2010Hun-Ga38 of 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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