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(영문) 광주지방법원 2014.05.14 2014고단1248
도로법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in this case is that around August 13, 2007, at around 09:55, an employee A violated the road management authority's restriction on vehicle operation by loading and operating steel products (structure) with 11.20 tons exceeding 10 tons of the limitation on the Defendant's business on the 1st line of the national highway located in the Dolan-ri, Yan-si, Yan-si, the National Highway of the Dolan-si, the Dolan-si, the National Highway of the Republic of Korea.

With respect to the charged facts of this case, the prosecutor instituted a public prosecution by applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and amended by Act No. 8976 of Mar. 21, 2008), and the summary order of KRW 300,000 was notified in this court.

However, after the above summary order became final and conclusive, Article 86 of the above Act provides that "where an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the corresponding Article shall also be imposed on the corporation," the part that "if the corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the relevant Article." In accordance with the above decision of unconstitutionality, the above provision of the above Act, which is the applicable provisions

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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