도로법위반
The defendant shall be innocent.
1. The summary of the facts charged is the owner of I Truck, and the employee of the Defendant violated the restriction on vehicle operation by the road management authority, by operating the vehicle loaded with freight of 11.9 tons on the back axis of the above vehicle on the road front of the North Korean Highway Corporation in the direction of 158.7km located at a point of 158.7km in the middle land landing 513-4, which is located on July 3, 2007 at the time of permanent display at around 18:50 on July 3, 2007.
2. The prosecutor of the judgment applied Article 86 of the former Road Act (amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Mar. 21, 2008; where 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 punished by a fine under the corresponding Article.) to the facts charged in this case, and the summary order against the defendant was finalized after being notified of the summary order subject to reexamination.
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.