The defendant shall be innocent.

1. The summary of the facts charged in the instant case is a person driving a freight vehicle B 4.5 tons owned by the Defendant, and the Defendant is a corporation established to manage the truck upon entrustment.

On October 25, 2015, the Defendant, an employee of the Defendant, should pass along a lane with a load measuring device installed on October 25, 2015 with respect to the Defendant’s business, but failed to conduct a load measurement by entering the 88 South-Namnam Highway’s business establishment without permission, thereby failing to conduct a load measurement.

2. Determination

A. On October 25, 2015, around 02:52, Defendant A, the user of Defendant A, accused that “in driving a B4.5t cargo vehicle owned by the Defendant, it was against the Defendant’s duty, by failing to conduct a measurement of the loading quantity by entering the 88 South Highway’s business establishment without permission, even though the loading quantity measurement equipment should pass along the lane on which the loading quantity measurement equipment is installed.”

2) With respect to the above acts, A filed a request for a summary order with respect to Article 115 subparag. 5 and Article 78(3) of the Road Act, and the Defendant, applying Articles 116, 115 subparag. 5, and 78(3) of the Road Act, and this Court issued a summary order to the same effect to A and the Defendant (Article 4386). (4) This Court rendered a request for a formal trial with respect to the above summary order (the above summary order became final and conclusive because the Defendant did not request a formal trial) on October 28, 2016, and this Court rendered a request for a formal trial with respect to the above summary order (Article 115 subparag. 5 and Article 78(3) of the Road Act, and the judgment was newly inserted by Act No. 13478, Aug. 11, 2015, which became effective at the time of being acquitted pursuant to the proviso to Article 1 of the Addenda of the Road Act, and thus, constitutes an act at the time of 20.5.15.