도로법위반
The defendant shall be innocent.
1. Around 15:25 on August 16, 2005, the Defendant violated the restriction on vehicle operation (restricted weight 10t) by carrying freight at the 4th axis of B freight vehicles in relation to the Defendant’s work at the Korea Highway Corporation in Seoul 312.8km point. The Defendant’s employees violated the restriction on vehicle operation (limited weight 10t).
2. Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which is a joint penal provision among the applicable provisions of the above facts charged, retroactively loses its effect due to the Constitutional Court Decision 201Hun-Ga38 of Oct. 28, 2010, etc.
Thus, the above facts charged 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.