도로법위반
The defendant shall be innocent.
1. A summary of the facts charged is a juristic person running trucking transport business, etc., and around September 22, 2005, the Defendant, who is his employee, violated the restriction on the operation of vehicles by the road management authority in relation to the Defendant’s business by driving a bitr truck on the west-ro road located in the Busan Jin-gu, Busan, for about 4.45 meters in height of the above road on September 18, 2007.
2. The above facts charged constitute Articles 86, 83(1)2, and 54(1) of the former Road Act (wholly amended by Act No. 8976 of Mar. 21, 2008). However, according to the decision of the Constitutional Court, the above part of Article 86 of the former Road Act, "where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 with respect to the business of the corporation, a fine under the relevant Article shall be imposed on the corporation, as well as the corporation, was retroactively invalidated pursuant to the decision of unconstitutionality as to Article 86 of the former Road Act."
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