도로법위반
The defendant shall be innocent.
1. On April 16, 2007, around 10:26, the Defendant violated the restriction on the operation of the vehicle by the road management authority by operating the vehicle with the freight of 11.05 tons exceeding 10 tons of the total weight of the BF vehicle owned by the Defendant in relation to the Defendant’s business at the 2nd Incheon Highway Business Office.
2. As to the facts charged in the instant case, the public prosecutor instituted a public prosecution by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and by Act No. 8976 of Mar. 21, 2008), and the Defendant was issued a summary order on May 31, 2007, and the above summary order became final and conclusive upon receiving the summary order issued by Suwon District Court Ansan Branch No. 2007, May 31, 2007.
On July 30, 2009, the Constitutional Court rendered a decision that "if an agent, employee, or other servant of a corporation commits an offence provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in Article 83 (1) 2 shall also be imposed on the corporation" (the Constitutional Court Order 2008Ga17 delivered on July 30, 2009) that "after the above summary order becomes final and conclusive, the provision of the Act retroactively loses its effect pursuant to 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, a judgment of not guilty under the former part of Article 325 of the Criminal Procedure Act