도로법위반
The defendant shall be innocent.
1. On November 20, 2001, A, an employee of the Defendant, violated the restriction on the operation of the Defendant’s vehicle at the road management authority in relation to the Defendant’s business by operating the 11.8 tons of cargo loaded at the 10 tons of the storage, exceeding the limit of 10 tons at the Kimpo-si’s branch office of Incheon Korea Highway Corporation in the area of Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.
2. As to the facts charged in the instant case, the public prosecutor instituted a public prosecution by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and by Act No. 7832 of Dec. 30, 2005), and the above court notified the summary order of KRW 300,000, which became final and conclusive.
However, after the above summary order became final and conclusive, the Constitutional Court rendered a decision that "where an agent, employee, or other employee of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under the pertinent Article shall also be imposed on the corporation," in Article 86 of the above Act, is in violation of the Constitution (Supreme Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (combined) Decided October 28, 2010), and accordingly, the applicable provisions of the facts charged in this case, the applicable provisions of which contain an employee's offense, 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.