도로법위반
The defendant shall be innocent.
1. The summary of the facts charged is the owner of a vehicle A, and the employee B violated the restriction on operation by loading more than 11.57 tons of freight on January 15, 2006 and operating the said vehicle at the business office North Daejeon located in the direction of the Gyeongnam Highway, Daejeon on January 15, 2006, with respect to the duties of the said employee B.
2. The judgment prosecutor instituted a public prosecution by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Mar. 21, 2008); and the punishment of a fine of KRW 300,00 was finalized with a summary order subject to review; however, in Article 86 of the above Act, “where an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, the corporation shall be punished by a fine under the relevant Article.
“The portion of the Constitutional Court Decision 2008 Constitutional Court Order 2008 Constitutional Court Order dated July 30, 2009, 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.