도로법위반
The defendant shall be innocent.
1. At around 15:30 on September 4, 1994, B, an employee of the Defendant, loaded and operated a 12.0 tons metric truck with soil of 11.7 tons for a 3 dump truck, even though he could not load more than 10 tons per dump truck in front of the former Maok-gun-gun, the Defendant’s employees.
2. The prosecutor of the judgment applied Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Dec. 29, 201; however, according to the Constitutional Court Order 201Hun-Ga24 decided on Dec. 29, 201, Article 86 of the former Road Act that "where an agent, employee, or other employee of a corporation commits a violation under Article 84 subparagraph 1 of the same Act with respect to the business of the corporation, the portion that "a fine under the relevant Article shall be imposed on the corporation shall also be imposed retroactively on the corporation."
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.