도로법위반
The defendant shall be innocent.
1. On January 24, 2008, the Defendant violated the restriction on the operation of vehicles by road management authorities by loading and operating freight exceeding the total weight of B cargo vehicles owned by the Defendant with respect to the Defendant’s business prior to the Maritime Affairs and Fisheries Office of Maritime Affairs and Fisheries, Dongcheon-dong, Dongcheon-gu, Busan, 2008.
2. The prosecutor of the judgment applied Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and wholly amended by Act No. 8976 of Mar. 21, 2008) to the part that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 with respect to the business of the corporation, the corporation shall be fined under the corresponding Article." The defendant was sentenced to review and the judgment against the defendant became final and conclusive.
However, the Constitutional Court rendered a decision of unconstitutionality on July 30, 2009 with respect to the above legal provision (the Constitutional Court Order 2008HunGa17 Decided July 30, 2009). Accordingly, 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.