The defendant shall be innocent.

1. On November 11, 1994, at around 13:30 on November 13:30, 1994, the Defendant, as the owner of B truck, violated the restriction on the operation of the vehicle by the road management authority, by operating the freight loaded with freight of 12.3 tons on the 2 axis of the said truck in excess of 10 tons in front of the 3rd Hanam-dong, Hanam-dong, Gwangju-gu, Gwangju-gu, about the Defendant’s employees.

2. The prosecutor of the judgment applied Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993 and amended by Act No. 4920 of Jan. 5, 1995) to the facts charged in the instant case.

However, in Article 86 of the above Act, where an agent, employee, or other servant of a corporation commits an offence pursuant to Article 84 subparagraph 1 in connection with the business of the corporation, the corporation shall also be punished by a fine pursuant to the corresponding Article in the Act shall also be punished by the Constitutional Court Decision 201Hun-Ga24 Decided December 29, 201.

Thus, 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.