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(영문) 대전지방법원 논산지원 2012.12.28 2012고단507
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant is the owner of a freight truck; (b) around 18:05 on October 15, 1998, B, an employee of the Defendant, was in violation of the traffic-restricted vehicle regulations by operating the vehicle in a size of 2.9 meters wide, while the Defendant’s employees, at the glick Scopic Scopic Scopic Scopic Scopic Scopic Scopic Scopic Scopic Scopic Scopic on 10 tons, total weight of 40 tons, width of 2.5

2. In the judgment, among the applicable provisions of the Act on the charged facts of this case, Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and amended by Act No. 7832 of Dec. 30, 2005) which provides the basis for punishing the defendant among the applicable provisions of the Act on the charged facts of this case, the part that "where an agent, employee, or other employee of a corporation commits a violation under Article 83 (1) 2 of the Act in relation to the business of the corporation pursuant to Article 86 of the above Act, such as the Constitutional Court Decision 2010Hun-Ga38 of Oct. 28, 2010, the portion that "if the agent, employee or other employee of the corporation commits a violation under Article 83 (1) 2 of the Act

Thus, the facts charged in this case constitute a case that does not 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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