도로법위반
The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
1. The summary of the facts charged is that at around 1:25 on December 9, 1998, the Defendant, an employee of the Defendant, C, a freight driver of B, had C, an employee of the Defendant, commit an illegal act in excess of 10.8 tons of 11.5 tons of 10.8 tons of 4 tons of 11.5 tons of 3 4 tons of the above cargo vehicles, carrying 1.5 tons of 3 1.8 tons of 3 4 tons of the above cargo vehicles, and loaded 1.5 tons of 4 5 tons of 3 198 on December 9, 1998 in relation to the Defendant’s business.
2. The prosecutor of the judgment applied Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005; hereinafter “former Road Act”) to the facts charged in the instant case, and the defendant was notified of the summary order subject to retrial and confirmed.
However, after the above summary order became final and conclusive, the Constitutional Court rendered a decision on October 28, 2010 that "where an agent, employee, or other employee of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, the portion of the fine for negligence under the relevant Article shall be imposed on the corporation, which is in violation of the Constitution" in Article 86 of the former Road Act, and according to the above decision, the above statutory provisions, which are applicable provisions of the facts charged, retroactively lose effect.
Where the penal law or legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provisions shall be limited to the case where it does not constitute a crime.
In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, the Defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act and the Criminal Procedure Act.