도로법위반
The defendant is innocent.
1. Around May 30, 200, H, an employee of the Defendant, operated the 5-metric tons of the 16th modern cargo vehicle belonging to the Defendant, in relation to his duties, at the Korea Highway Corporation's office located at the 24.5 km Highway located in Gwangju-gun, Gwangju-gun, Gwangju-gun, in excess of 11.2 tons, which is a livestock farming restriction provision, in excess of 10.0 tons.
2. The prosecutor brought a public action against the facts charged in the instant case by applying Articles 86 and 83(1)2 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”). However, the part that “where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 of the former Road Act due to the decision of the Constitutional Court on Oct. 28, 2010, Article 86 of the former Road Act (amended by Act No. 1014, Oct. 14, 2010; 15, 21, 27, 35, 38, 44, and 70 of the same Act, the portion that “if the corporation commits a violation under Article 83(1)2 of the same Act, the corporation shall also be punished by a fine under the relevant Article” becomes retroactively null and void.
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.