도로법위반
The defendant shall be innocent.
1. The summary of the facts charged is the owner of A vehicle. The Defendant violated the restriction on operation by loading cargo of more than 44.02 tons with gross weight of more than 40 tons at the point of 163.38km in the south Sea, Kimhae-do, on October 10, 2003, at around 02:24, and around 163.38 km in the business office of Kimhae-do.
2. The judgment prosecutor filed a public prosecution by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and by Act No. 7832 of Dec. 30, 2005), and the punishment of a fine of KRW 700,00 is finalized by a summary order subject to review. However, if an agent, employee or other worker of a corporation commits a violation under Article 83(1)2 of the said Act in Article 86 of the said Act, the said corporation shall also be punished by a fine under the said Article.
“The portion of the Constitutional Court Decision 2010Hun-Ga, October 28, 2010, ruled 2010, retroactively lost its effect.
Therefore, the facts charged of 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.