도로법위반
The defendant shall be innocent.
1. Around April 15:36, 2002, the Defendant violated the restriction on the operation of vehicles by the road management authority in relation to the business of the said company by driving the C Truck owned by the Defendant on April 15:36, 2002, while the Korea Highway Corporation located in 184-5, Yan-dong, Yan-dong, Yan-dong, Yan-dong, in front of the river management office of the Korea Highway Corporation, in which more than 10 tons of a 10 ton of a 10 ton of a 2 ton of a wood was restricted in operation, while the 2nd ton of a 2nd ton
2. The prosecutor of the judgment applied the part 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 punished by a fine under the corresponding Article." On July 7, 2002, the defendant was issued a summary order of the Daejeon District Court No. 26807 of Jun. 7, 2002, and the above summary order was finalized on July 12, 2002.
However, the Constitutional Court rendered a decision of unconstitutionality as to the above legal provision (the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merged) Decided October 28, 2010), and the above legal provision 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.