Text
The defendant shall be innocent.
Reasons
1. A’s summary of the facts charged is A’s special cargo driver A, and the Defendant is the owner of the above vehicle.
A around 1:51 on July 9, 2004, around 11:51, in Incheon Metropolitan City, operated the above vehicle with a gross weight exceeding 44 tons exceeding 40 tons in front of a Guner's business office in the direction of the Dong Highway, thereby violating a road management authority's restriction on vehicle operation, and the Defendant, as his employee, committed the above-mentioned violation in relation to his duties in temporary.
2. As to Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); or Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005; Act No. 866, Mar. 21, 2008; Act No. 8976, Mar. 29, 2008; Act No. 10655, Dec. 24, 2011; Act No. 10681, Dec. 31, 2017; Act No. 10688, Dec. 14, 2015; Act No. 8677, Mar. 2, 2007.
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.