도로법위반
The defendant is innocent.
The summary of the facts charged in the instant case is that the Defendant’s employees C violated the restrictions on the operation of vehicles by loading and operating the freight to exceed the limit of the D vehicle at the street on the road access road to Busan Highway around November 23, 1993, while driving the freight to exceed the limit of the D vehicle.
However, Article 86 of 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 the applicable provisions of the above facts charged retroactively loses its effect according to the Constitutional Court's decision of unconstitutionality on Dec. 29, 201.
Thus, the facts charged in this case constitute a case that does not constitute a crime and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.