도로법위반
The defendant shall be innocent.
1. On July 27, 1993, at around 13:50 on July 27, 1993, the Defendant’s employees and unsatisfined on the part of the Defendant’s employees were loaded with the dump truck to the Cump truck belonging to the Defendant and operated to the D stop, and the 2th of the stable exceeded 1.6 tons at 11.6 tons, and the 3rd exceeds 1.1 ton of 11.1 ton, and the total weight exceeded 2.9 tons at 28.9 tons.
2. The prosecutor brought a public prosecution against the above charged facts by applying Article 86 and subparagraph 1 of Article 84 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995; hereinafter the same) to Article 86 and Article 84.
On December 29, 2011, the Constitutional Court rendered a decision that "if an agent, employee or other worker of a corporation commits an act of violation pursuant to Article 84 subparagraph 1 of the former Road Act with respect to the business of the corporation, the corporation shall be fined pursuant to Article 84." (The Constitutional Court Order 2011Hun-Ga24) is in violation of the Constitution (the Constitutional Court Order).
Therefore, the above legal provision was retroactively invalidated.
Thus, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act