On September 7, 1996, at around 06:04, the Defendant violated the restriction on the operation of vehicles by allowing A, an employee of the Defendant, to operate the said truck in a state loaded with freight of 10.40 tons out of the 4 cattle and 12.03 tons out of the 5 cattle, in connection with the Defendant’s business, in front of the bypassion inspection station located in Man-dong-dong, Incheon Metropolitan City, by exceeding 10 tons out of the restricted axis to B truck belonging to the said company.

2. The prosecutor of the judgment applied 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 above facts charged, and the defendant was notified of the summary order subject to review and confirmed.

In this regard, after the above summary order has become final and conclusive, when an agent, employee or other worker of a corporation commits an offense under Article 83 (1) 2 with respect to the business of the corporation, Article 86 of the above Act shall be punished by a fine under the corresponding Article.

“The part “” was retroactively invalidated by the Constitutional Court Decision 14,15,21, 27, 35, 38, 44, 70 (merger) rendered on October 28, 2010 by the Constitutional Court.

3. In conclusion, 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, but the defendant did not obtain the consent of the defendant, and thus,