도로법위반
The defendant shall be innocent.
1. The summary of the facts charged in the instant case is that C, an employee of the Defendant, driving a D vehicle owned by the Defendant with respect to the Defendant’s business, and loading and operating of freight of 1.7 tons on the 2 axis of the said vehicle in excess of 10 tons of the limited axis at the Gu Ri business office located at a point of 26.8 kilometers on an expressway between the Pacific and the right-of-land, around December 24, 1993, at around 14:47.
2. The judgment prosecutor filed a public prosecution by applying Articles 86, 84 subparag. 1 and 54(1) of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) to the facts charged in the instant case.
However, the Constitutional Court made a decision that "where an agent, employee, or other servant of a corporation commits an offence under Article 84 subparagraph 1 of the former Road Act in connection with the business of the corporation, the corporation shall be punished by a fine under the corresponding Article," in Article 86 of the above Act, the provision of the above applicable provisions of Article 47 (2) of the Constitutional Court Act shall retroactively lose its effect as provided in the proviso of Article 47 (2) of the same Act.
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.
It is so decided as per Disposition for the above reasons.