도로법위반
The defendant shall be innocent.
1. Around 22:10 on August 26, 2006, the Defendant, his employees, loaded freight of 20.15 tons during the 2nd ring of the 19.60 tons in the 3nd 19.60 tons of total weight of 10.85 tons during the 5th 40 tons of the 10th metric weight of 10.85 tons in the 5th 40 tons of the 10th metric weight of the 10 tons of the 5nd 40 tons of the 140 tons of the 140 tons of the 14th metric weight of the 2nd 2nd 3nd Do, Incheon, on the road prior to the operation of the 2nd dong-dong Incheon Metropolitan City around 30:30 on September 20, 2006, in relation to the Defendant’s vehicle operation in excess of a total weight of 14.3 tons of the 2nd 3st metric.5 tons of the 63rd metric.
2. The prosecutor charged the facts charged by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Mar. 21, 2008). The Constitutional Court rendered a decision under Article 86 that "where an agent, employee, or other worker of a corporation commits an offense under Article 83(1)2 with respect to the business of the corporation, a fine under the relevant Article shall be imposed on the corporation also be imposed on the corporation in violation of the Constitution (the Constitutional Court Order 2008HunGa17, Jul. 30, 2009). According to the above decision of unconstitutionality, the provisions of the above Act, which are applicable provisions of the facts charged, retroactively lose its effect.
Thus, the facts charged in 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.
It is so decided as per Disposition for the above reasons.