도로법위반
The defendant shall be innocent.
1. On August 30, 1994, at around 22:10 on August 30, 1994, the Defendant, as his employee, violated the restriction on the operation of vehicles of the road management authority with respect to the Defendant’s duties by loading and operating the freight of 14 tons of DNA vehicles into the third axis in excess of 10 tons of the restricted axis in front of the office of maintenance and construction of the national road of Yongsan-gun, Changwon-gun, the Changwon-gun, the Dong-gun, the National Road Maintenance and Construction Office, and the movement of the
9.6. Around 19:53, the Korea Highway Corporation, in front of the business site for the promotion of the Radne Line, loaded and operated the freight of 11.4 tons and 11.8 tons at the third axis of the said vehicle in excess of 10 tons, and violated the restriction on the operation of vehicles by the road management authority with respect to the Defendant’s duties.
2. The prosecutor charged the facts charged by applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); the Constitutional Court made a decision that "where an agent, employee, or other worker of a corporation commits an offense under Article 84 subparagraph 1 in connection with the business of the corporation, a fine under the relevant Article shall be imposed on the corporation also is imposed on the corporation in violation of the Constitution (Supreme Court Order 201Hun-Ga24, Dec. 29, 201). According to the above decision of unconstitutionality, the provision of the above Act, which is a applicable provision of the facts charged, retroactively loses its effect.
Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.
It is so decided as per Disposition for the above reasons.