B around December 25, 2007, around 09:22, the Korea Highway Corporation located in Jinju-dong 632-1, located in Jinju-dong, operated the said vehicle by weight of 44.31 tons exceeding 40 tons, which is the total weight limit, during the operation from Jin-nam to Minsan, and thus violated the standards for restriction on vehicle operation by a road management authority. The Defendant, an employee, in relation to his duties, committed such a violation.

2. The judgment prosecutor filed a public prosecution pursuant to Articles 86 and 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).

(A) A summary order of KRW 50,000 was issued to the defendant, and a review of the summary order was initiated, and the case of a request for the summary order was submitted to the public trial). However, Article 86 of the above Act provides that "if an agent, employee or other worker of a corporation commits an offense provided for in Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding provision shall also be imposed on the corporation."

(The Constitutional Court en banc Decision 2008Hun-Ga17 Decided July 30, 2009). Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the facts charged in this case shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of this judgment shall be announced in accordance with the main sentence of Article 440 of the Criminal Procedure