도로법위반
The defendant shall be innocent.
1. On January 19, 2007, in order to preserve the structure of roads and prevent risks of traffic, the Defendant violated the restriction on vehicle operation by operating the said vehicle in a state where the Defendant’s employee A loaded 36t cargo on B with B, in relation to the Defendant’s duties, with a vehicle exceeding 32t of gross weight and 10t of gross weight.
2. Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008) which is a joint penal provision among the applicable provisions of the above facts charged, retroactively loses its effect by the Constitutional Court Decision 2008Hun-Ga17 decided July 30, 2009.
Thus, the above facts charged 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.