B around 10:46 on March 8, 1997, at a charged expressway inspection station located 270 tons in the king-dong, 1997, in excess of 10 tons per each axis under the restriction criteria, B operated the said vehicle while loaded with the cargo of 12.3 tons at the third axis of the said vehicle, thereby violating the restriction on operation of the road management agency.

Accordingly, B, a defendant's employee, committed the above violation in relation to the defendant's work.

2. The former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which applies the above facts charged, where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation.

“The portion” was retroactively invalidated by the Constitutional Court’s decision on the constitutionality of a statute of limitations (see, e.g., Supreme Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (Consolidation) of October 28, 2010).

Thus, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.