도로법위반
The defendant shall be innocent.
1. On June 11, 1994, at around 20:25, the Defendant was the owner of a truck A, and around June 11, 1994, the Defendant violated the restriction on operation by loading freight of 11.6 tons and 11.7 tons on the 2nd axis and operating the said vehicle with a restricted weight exceeding 10 tons at the 10 tons of the restricted reduction weight in front of the Kim Don Kimcheon-do Office.
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 by Act No. 4920 of Jan. 5, 1995), and the court issued a summary order of KRW 500,00 to the defendant as of Oct. 25, 1994. The above summary order was finalized after the notification to the defendant, but the defendant filed a request for review of the above summary order on the ground that there was a decision of unconstitutionality as to the above legal provision.
On the other hand, Article 86 of the above Act provides that "if an agent, employee, or other worker of a corporation commits an offense under Article 84 (1) in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation," the Constitutional Court rendered a decision that the 201Hun-Ga24 dated December 29, 201 should be in violation of the Constitution. In accordance with the above decision of unconstitutionality, the above provision of the law has retroactively lost its effect.
3. In conclusion, since the facts charged in this case constitute a case that does not constitute a crime, it is so decided as per Disposition by the judgment of not guilty against the defendant under the former part of Article 325 of the Criminal Procedure Act.