도로법위반
The defendant shall be innocent.
1. On February 25, 1998, at around 10:15 on February 25, 1998, the Defendant violated the restriction on vehicle operation by loading and operating freight exceeding 10 tons of the limited axis at a temporary inspection room for an over-to-land located in the forest dong at Sinung-si, an employee C violated the restriction on vehicle operation.
2. As to the above facts charged, by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 8976 of Mar. 21, 2008), a summary order of KRW 500,000 was issued to the Defendant by the Seoul District Court as of July 22, 1998, and the above summary order became final and conclusive around that time, but the Defendant filed a petition for review of the above summary order on April 17, 2013 on the ground that the above provisions were unconstitutional.
On October 28, 2010, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of an individual commits an act in violation of Article 83 (1) 2 in connection with the business of the individual, the fine provided for in the corresponding Article shall also be imposed on the individual" in Article 86 of the above Act shall be imposed on the part of the Constitutional Court Decision [2010Hun-Ga23, 24, 36, 39, 47, 50 (merged)] that the provision of the above Act shall retroactively lose 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.