도로법위반
The defendant shall be innocent.
1. At around 14:30 on Nov. 28, 1994, the Defendant, his employee, operated a B truck loaded with freight of 11.4 tons of the 11.4 tons of the actual measurement value on the 2 axis in excess of 10 tons of the weight limit at the inner station of the upstream line of the Gyeong Highway along the Gyeong Highway, the Defendant violated the restriction on the operation of the vehicle by the road management authority.
2. The prosecutor charged the above charged facts by applying Article 86 and Article 84 subparagraph 1 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 the indictment.
However, the Constitutional Court, in Article 86 of the Road Act, rendered a decision that "if an agent, employee, or other servant of a corporation commits an offense under Article 84 (1) in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," and thereby, rendered a decision that the part of Article 86 of the Road Act is unconstitutional (Supreme Court Order 201Hun-Ga24 Decided December 29, 201). Accordingly, the aforementioned provision of the Act, which is a applicable provision of the
3. If so, the above facts charged constitute a crime and thus, a judgment of not guilty is rendered in accordance with the former part of Article 325 of the Criminal Procedure Act.