도로법위반
The defendant shall be innocent.
1. On December 2, 1994, at around 11:05, the Defendant violated the restriction on the operation of vehicles by the road management authority by loading and operating freight exceeding 1.29 tons of CF vehicle owned by the Defendant in excess of 10 tons of the limitation axis of CF vehicle owned by the Defendant in relation to the Defendant’s business.
2. The judgment and the conclusion are as follows. A summary order against the defendant was issued to review the facts charged in this case by applying Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) to "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."
However, on December 29, 2011, the Constitutional Court rendered a decision of unconstitutionality as to the above legal provision (the Constitutional Court Order 201HunGa24 Decided December 29, 201). 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.