도로법위반
The defendant shall be innocent.
1. The Defendant is a management corporation of BF vehicle. Around August 17, 2006, the Defendant violated the restriction on operation by loading and operating freight with a total weight of 40 tons and a total weight of 5 stable weight of 10 tons exceeding 10 tons on the said vehicle at the Seoul Highway Branch Office of 327.2 km from the point of abandonment of woodline 18:02 on August 17, 2006 in relation to the Defendant’s business.
2. The judgment prosecutor, applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and amended by Act No. 8976 of Mar. 21, 2008), filed a public action, and a fine of 300,000 won was finalized by a summary order issued on Dec. 20, 2006 and a fine of 13752. However, in Article 86 of the above Act, where an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, the portion of the fine of the corresponding Article shall also be imposed on the corporation, which was retroactively invalidated by the Constitutional Court Order No. 2008HunGa17 of Jul. 30, 2009.
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.