도로법위반
The defendant shall be innocent.
1. Around 14:00 on August 12, 2002, the summary of the facts charged in the instant case violated the restriction on vehicle operation by road management authorities by loading and operating freight exceeding the total weight of freight vehicles owned by the Defendant in relation to the Defendant’s duties at the vicinity of the old and American Office of Highway at a point 174 km of the old and American Office of Business.
2. The public prosecutor instituted a public prosecution on the facts charged of this case by applying the provision of Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) that "if an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 with respect to the business of the corporation, the corporation shall be fined under the corresponding provision."
However, on October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality as to the above provision of the law (the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) on October 28, 2010). Accordingly, the above provision of the law was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.
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.