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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단121
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On March 4, 1996, at around 13:54 on March 4, 1996, the Defendant is the owner of A truck, and the Defendant violated the restriction on operation by carrying a total weight of more than 46.5 tons at a white-sea establishment with a total weight of more than 40 tons at the Honam Highway 137.3km.

2. The judgment prosecutor instituted a public action by applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and by Act No. 7832 of Dec. 30, 2005), and the sentence of a fine of 500,000 won was finalized by a summary order No. 1996 high-level 1231 of July 23, 1996, 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, and this part shall retroactively lose its effect by the Constitutional Court Order No. 2010, 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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