도로법위반
The defendant shall be innocent.
1. On October 1, 1994, at around 1:58, the Defendant’s employees A, with respect to the Defendant’s duties, loaded the Defendant’s cargo of more than 1.9 tons at the 2 axis of Asia 8.5 tons and operated in excess of 1.9 tons, prior to the reduction of the restriction on the operation of roads, at around 10 tons in front of the Daegu-gu Office located on the Gan Highway 293.7km.
2. The former Road Act (amended by Act No. 4545 of Mar. 10, 1993 and amended by Act No. 4920 of Jan. 5, 1995) which is a legal provision applicable to the facts charged of this case, where an agent, employee or other worker of a corporation commits an offense as prescribed in Article 84 subparagraph 1 of the Act in connection with the business of the corporation, the corporation shall also be fined as prescribed in the corresponding Article.
“The effect of the part” was retroactively invalidated in accordance with the Constitutional Court Order 2011Hun-Ga24 Decided November 29, 201 and Article 47(3) of the Constitutional Court Act.
In addition, where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provision shall be deemed to be a crime.
Thus, the facts charged of this case constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.