도로법위반
The defendant shall be innocent.
1. On November 26, 1996, at around 18:46 on November 26, 1996, B, the Defendant, as the owner of the freight truck, violated the restriction on the operation of the vehicle by the road management authority, by operating the freight loaded with freight of 11.6 tons at the third axis of the freight truck in excess of 10 tons of restricted storage weight on the road in front of the military Gun owner's office of 19.8km.
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.