[2014 Highest 819] A, an employee of the Defendant, violated the restriction on the operation of vehicles by loading and operating freight of 11.50 tons on the 2nd of D freight on March 5, 2001 at the 12nd of the National Road, which is the 14:45 on March 5, 2001, which is the C's top line, the C's top line traffic patrol station in South Jeju-gun, and 1.350 tons on the 3nd of the 3nd of the 11.3

[2014 Highest 823] On April 6, 200, E, an employee of the Defendant, was in violation of the restriction on the operation of vehicles by loading and operating the 11.750 tons and 11.50 tons on the 3rd nives of F Freight on April 6, 200 from the National Highway 16 line, which is an official inspection station for the control of the upper nives of the Jinju-gun-gun-gun, the upper nives of the Jinju-gun.

The part that "if an agent, employee or other worker of an individual commits an offense provided for in Article 83 (1) 2 in connection with the individual's business, the individual shall be punished by a fine provided for in the relevant Article," in Article 86 of the former Road Act, is against the Constitution (the Constitutional Court Decisions 2008HunGa17, July 30, 200; 201HunGa14, Oct. 28, 201; 201HunGaGa24, Dec. 29, 201) that "if the agent, employee or other worker of an individual commits an offense provided for in Article 83 (1) 2, the individual shall be punished by a fine provided for in the relevant Article."

Thus, since each of the facts charged in this case constitutes a case that does not constitute a crime, it shall be acquitted under the former part of Article 325 of the Criminal Procedure Act.