도로법위반
The defendant shall be innocent.
On October 17, 2003, 19:20 on October 17, 2003, C, a summary of the facts charged, operated in a state loaded with freight of 11.1 ton of D Trucks on the second axis of D Trucks in excess of 10 ton of statutory minimum weight in front of the business office of the Korea Highway Corporation in Incheon in the direction of Incheon in the direction of 191.5 kilometers, and violated the vehicle operation restriction of the road management authority.
Judgment
The prosecutor brought a public prosecution against the above facts charged by applying Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005; hereinafter the same).
On October 28, 2010, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be fined under Article 83 (1) 2 of the former Road Act" (the Constitutional Court en banc Order 2010Hun-Ga14, 15, 21, 27, 35, 38, 44,70 (merged) of the same Act) is in violation of the Constitution. Accordingly, the above provision of the Act retroactively loses its effect pursuant to the proviso of Article 47 (2) 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.
If so, the facts charged in this case constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.