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(영문) 대전지방법원 2013.05.22 2013고단553
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On October 21, 1995, at around 11:20 on October 21, 1995, the Defendant was the owner of a truck A, and around 11:20 on the part of his employee B, the Defendant violated the restriction on operation by loading the cargo of 13.285 tons at the 4 livestock, 5 livestock, and 54.41 tons of gross weight and operating the said vehicle in excess of the gross weight of 40 tons and 10 tons in front of the memorial monument in Jung-gu Incheon Metropolitan City, Jung-gu.

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 wholly amended by Act No. 7832 of Dec. 30, 2005), filed a public action, and the sentence of KRW 500,00 was finalized by a summary order No. 96 high-ranking2916 of May 7, 1996. However, in Article 86 of the above Act, where an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 of the Act, the portion of the fine provided for in Article 83(1) of the above Act shall also be retroactively invalidated.

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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