도로법위반
The defendant shall be innocent.
1. Around December 23, 1993, around 05:10 on December 23, 1993, the summary of the facts charged was in violation of the restriction on the operation of vehicles by the road management authority by loading and operating the freight exceeding the restricted storage weight of the freight vehicles owned by the Defendant, on the road of the Yongsan National Highway National Road 14 line, which is an employee of the Defendant, prior to the roads
2. The public prosecutor instituted a public prosecution against the facts charged in this case by applying the provision of 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) that "if an agent, employee or other worker of a corporation commits an offense under Article 84 (1) with respect to the business of the corporation, the corporation shall be punished by a fine under the corresponding provision," and the defendant received a summary order subject to review and confirmed the above summary order.
However, on December 29, 2011, the Constitutional Court rendered a decision of unconstitutionality as to the above legal provision (the Constitutional Court Order 201HunGa24 Decided December 29, 201). Accordingly, the above legal provision was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.
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.