도로법위반
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant, an employee of the Defendant, violated the restriction on vehicle operation by carrying the freight exceeding the load capacity at the business office around 03:20 on October 6, 200 and operating the vehicle.
2. As to the facts charged in this case, the public prosecutor instituted a public prosecution by applying 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) that "if an agent, employee, or other worker of a corporation commits an act of violating Article 83 (1) 2 in relation to the business of the corporation, the corporation shall be punished by a fine under the corresponding Article," and the summary order subject to retrial was notified and finalized.
However, after the summary order subject to review became final and conclusive, the Constitutional Court rendered a decision that the above part violates the Constitution (the Constitutional Court Decision 2010Hun-Ga1415273538470 decided Oct. 28, 2010) (the Constitutional Court Order 2010Hun-Ga142738470 decided Oct. 28, 201). The above part was retroactively invalidated pursuant
3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.