도로법위반
The defendant shall be innocent.
The summary of the facts charged of this case is as follows: A employee of the defendant loaded and operated the 11.4 tons of B 3 necks in excess of 10 tons of the limited axis in relation to the defendant's work on the street at the location of the Gwangju Highway 159km from December 26, 1997, around 01:25, and thus, the road management authority violated the restriction on vehicle operation of B 1.4 tons.
The prosecutor prosecuted the charged facts of this 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). The summary order of KRW 500,000 was notified in this court.
However, after the above summary order became final and conclusive, the Constitutional Court rendered a decision that "where an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the relevant Article." (The Constitutional Court Order 2010Hun-Ga38, Oct. 28, 2010) that "The above provision of the above Act, which is applicable provisions of the facts charged, retroactively loses its effect."
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.