도로법위반
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the facts charged is a corporation established for the purpose of container transport business, etc., and its employees operated the above vehicle in excess of 16.9 tons of gross weight and 10 tons of gross weight by loading C vehicle 15.95 tons at the 4 axis in front of the shooting distance in the drilling industrial complex located in Pyeongtaek-si, Pyeongtaek-si on June 5, 2007, at around 00:09, on June 5, 2007, by loading 16.9 tons of gross weight and 15.95 tons of gross weight.
2. The prosecutor charged a public action against the facts charged in this case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and Act No. 8976 of Mar. 21, 2008). Article 86 of the above Act provides that "if an agent, employee or other worker of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, a fine under the corresponding provision shall be imposed on the corporation," which is subject to a violation of the Constitution (the Constitutional Court Order 2008HunGa17, Jul. 30, 2009). Thus, the above provision of the Act retroactively loses its effect pursuant to the proviso of Article 47(2) of the Constitutional Court Act.
Thus, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Act, and the summary of the judgment in this case is publicly announced pursuant to Article 440 of the Criminal Procedure Act and Article 58(2)