도로법위반
The defendant shall be innocent.
1. At around 16:29 on Nov. 5, 1994, D, a C dump truck driver belonging to the Defendant, operated the said vehicle with excessive weight of 11.85 tons and 11.5 tons on the 3 dump dump dump dump, which exceeds 10 tons on the road front of the rump dump dump dump dump dump dump dump dump dump, located in the Gyeong-gun located in the
Accordingly, the defendant, as his employee, caused D to commit the above violation in relation to the defendant's business.
2. The prosecutor of the judgment applied Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jan. 5, 1995) to the facts charged in the instant case.
However, on November 28, 2013, the Constitutional Court rendered a decision of unconstitutionality on the part that “where an agent, employee, or other servant of a corporation commits an offence under Article 84 subparagraph 1 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation” (see Constitutional Court Order 2013Hun-Ga25, Nov. 28, 2013). Accordingly, Article 47(2) proviso of the former Constitutional Court Act (amended by Act No. 12597, May 20, 2014) retroactively lost its effect.
3. In conclusion, the facts charged in this case constitute a crime and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.