도로법위반
The defendant shall be innocent.
1. The Defendant is the owner of A vehicle, and B, an employee of the Defendant, was in violation of the restriction on the operation of the land at the National Land Management Office, by operating more than 5.01 tons out of the gross weight of the said vehicle at the control room of vehicles violating the restriction on operation in Ison-si, Leecheon-si, Dongcheon-si on December 15:18, 2006 in relation to his duties.
2. The prosecutor charged a public prosecution for the above charged facts by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and amended by Act No. 8976 of Mar. 21, 2008) to the above charged facts.
However, Article 86 of the above Act provides that "if an agent, employee or other worker of a corporation commits an act of violating Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article." The Constitutional Court Order 2008Hun-Ga17 dated July 30, 2009 ruled that the above provision of the law retroactively lost its effect.
3. In conclusion, 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.