대응되는 죄명 없음(2010.02.27 전환)
The defendant is innocent.
The summary of the facts charged of this case is that "the defendant violated the restriction on the operation of a vehicle by allowing his employees to operate a freight vehicle in excess of the restriction weight of the 2nd line from the national highway 24 on August 28, 199 to the Cheongcheon-gun National Highway 24 in front of the Cheongcheon-gun National Highway Cheongcheon-gun, Chungcheongnam-gun, Gyeongcheon-gun, Seoul National University Road 28, 199."
With respect to the facts charged in this case, the prosecutor instituted a public prosecution by applying the provision 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 also be fined under the corresponding provision," and the defendant received a summary order and confirmed the above summary order against the defendant.
However, on October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality as to the above provision of the law (the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) on October 28, 2010), thereby retroactively invalidated the above provision of the law 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.