도로법위반
The defendant shall be innocent.
1. On January 25, 2005, the Defendant is the owner of a truck A, and on January 25, 2005, the Defendant is the employee B with respect to his business activities, exceeding 44.10 tons of gross weight in front of his genetic place of business, in excess of 40 tons in his/her gross weight; and
2.5.Around around the 5th century, the Korea Highway Corporation violated the restrictions on operation by loading freight of more than 44.50 tons of total weight exceeding 40 tons in front of its establishment and operating the said vehicle.
2. The judgment prosecutor, applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), filed a public prosecution, and the punishment of a fine of KRW 1,00,00 was finalized due to a summary order subject to review, but Article 86 of the same Act provides that "where an agent, employee or other employee of a corporation commits an offense under Article 83(1)2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article," which stated in Article 86 of the same Act that "if the agent, employee or other employee of the corporation commits an offense under Article 83(1)2, the corporation shall also be punished by a fine under the corresponding Article, which affected the retroactive effect.
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.