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(영문) 창원지방법원 밀양지원 2019.06.13 2019고단190
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged of this case is as follows: (a) the Defendant: (b) the employee B, without permission of the road management authority, operated the national highways on the part of the Defendant’s business on October 13, 1993, where he was aware that he could not operate more than 10 tons on each axis of the vehicle for the purpose of road safety; (c) the employee B, despite being aware that he could not operate more than 10 tons on each axis of the vehicle for the sake of road safety, loaded more than 12 tons on the two axiss of the vehicle belonging to the Defendant, and 12.4 tons on the three axiss and loaded more than 2.4 tons on the two

2. Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jan. 5, 1995) which is the applicable provisions of the facts charged in the instant case, where an agent, employee, or other worker of a corporation commits a violation under Article 84 subparagraph 1 of the Act, the pertinent provision shall also be punished by a fine under the pertinent Article, even the corporation shall be punished by a fine."

The Constitutional Court Order 201Hun-Ga24 Decided December 29, 2011 (see, e.g., Supreme Court Order 2011Hun-Ga24, Dec. 29, 201). Therefore, the facts charged in this case constitute a case that does not constitute a crime

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