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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단116
도로법위반
Text

The defendant shall be innocent.

Reasons

1. On June 12, 1993, at around 20:43 on June 12, 1993, the Defendant, as the owner of A truck, violated the restriction on operation by loading freight exceeding 11.5 tons of a stable weight at the 2 axis and operating the said vehicle.

2. The judgment prosecutor applied Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993 and amended by Act No. 4920 of Jan. 5, 1995) to the part that "where an agent, employee or other employee of a corporation commits a violation under subparagraph 1 of Article 84 in connection with the business of the corporation, a fine of 100,000 won was determined by the summary order of Oct. 28, 1993 in this court, but the part that "if the agent, employee or other employee of the corporation commits a violation under subparagraph 1 of Article 84 in connection with the business of the corporation, a fine under the pertinent Article shall also be imposed on the corporation is retroactively invalidated by the Constitutional Court ruling of Dec. 29, 2011."

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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