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(영문) 대전지방법원 2013.07.17 2013고단1178
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On September 7, 1995, at around 08:12, the Defendant was the owner of a truck A, and around September 7, 1995, the Defendant violated the restriction on operation by loading a cargo of 11.5 tons on a 4 livestock shed with a limited weight exceeding 10 tons at the latest of the Daejeon Highway Corporation's business establishment 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), filed a public action, and the sentence of a fine of KRW 700,00 was finalized by a summary order of February 28, 1996 (amended by Act No. 96Da553 of Feb. 28, 1996, but Article 86 of the above Act provides that "if 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, the corporation shall also be punished by a fine under the corresponding Article 83(1)2 of the Act, and the Constitutional Court Order 2010Hun-Ga38 of Oct. 28, 2010 shall retroactively lose its effect.

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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