도로법위반
The defendant shall be innocent.
1. On March 13, 2003, around 10:38, the Defendant, who is the owner of a truck A, violated the restrictions on operation by loading the freight of more than 44.75 tons in total weight exceeding 40 tons at the 5 cattle shed, Seosan Port, the Korea Highway Corporation, in front of the Seosan Port, and loading the freight of more than 10 tons with gross weight of more than 10 tons, and operating the said vehicle.
2. The judgment prosecutor, applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), filed a public prosecution and the punishment of a fine of KRW 500,00 was finalized due to a summary order subject to review, but Article 86 of the same Act provides that "if an agent, employee, or other employee of a corporation commits an offense under Article 83(1)2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article," with respect to Article 86 of the same Act that "if the agent, employee, or other employee of the corporation commits an offense under Article 83(1)2, the corporation shall also be punished by a fine under the corresponding Article."
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.