도로법위반
The defendant shall be innocent.
1. On January 26, 2006, at around 03:26, the Defendant’s employee A violated a road management authority’s restriction on vehicle operation by operating a steel-frame structure with a weight exceeding 1.51 tons and a total weight exceeding 44.38 tons at a entertainment business office located in the direction of Singu in the direction of the 443-4 Seoul metropolitan cycle Highway at Sinan-si, Seoul, with respect to the Defendant’s business. On February 14, 2006, the Defendant violated a road management authority’s restriction on vehicle operation by operating the steel-frame structure with a weight exceeding 1.51 tons of the said vehicle at the 5 livestock, and around 06:22, the Defendant’s employee violated a road management authority’s restriction on vehicle operation with a steel-frame structure with a weight exceeding 10 tons at the 10 tons of the said vehicle at an entertainment business office in the direction of Singuknan Highway.
2. The prosecutor examined the judgment of the court below, applying Articles 86 and 83 (1) 2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008) to the facts charged in this case, and the Constitutional Court ruled in Article 86 of the above Act that "where an agent, employee or other employee of a corporation commits a violation under Article 83 (1) 2 with respect to the corporation's business, a fine under the pertinent Article shall be imposed on the corporation shall also be imposed on the corporation in violation of the Constitution (the Constitutional Court Order No. 2008HunGa17 of Jul. 30, 2009, etc.). Accordingly, according to the above decision of unconstitutionality, the part of the above legal provision, which is a applicable provision of the above facts charged, retroactively loses its effect.
Thus, 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.