도로법위반
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant, as the owner of the freight truck, and the Defendant’s employee, as the Defendant’s employee, violated the restriction on vehicle operation of the road management authority by operating the freight loaded with the freight of 3.5m wide on the said truck exceeding 2.5m wide from the control room of the vehicles controlling the operation restriction on the first line of the national highway 1, which is located in the 2004 Seosan-si, Seosan-si, Seosan-si.
2. The prosecutor charged a public prosecution by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) to the facts charged in the instant case.
However, Article 86 of the above Act provides that "if an agent, employee, or other worker of a corporation commits an offense pursuant to Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine pursuant to the corresponding Article," the Constitutional Court shall be punished by a fine pursuant to the corresponding Article." < Amended by Act No. 997, Oct. 28, 2010>
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.