도로법위반
The defendant shall be innocent.
1. On March 10, 200, the Defendant violated the restriction on the operation of vehicles by loading freight of 10.6 tons and 11.1 ton on the two axiss of large trucks, etc. in relation to the Defendant’s work at the port of business in the Gandong-dong Highway 11.5 km from March 10, 200, at the Gandong-dong Highway 11.5 km.
2. On the facts charged in this case, the public prosecutor charged a public prosecution by applying Articles 86 and 83 (1) 2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and amended by Act No. 7832 of Dec. 30, 2005) to the facts charged in this case.
In this regard, the Constitutional Court shall, when an agent, employee or other worker of a juristic person commits an offense under Article 83 (1) 2 with respect to the business of the juristic person, be punished by a fine under Article 86 of the above Act.
“The Constitutional Court Decision 2010Hun-Ga38, October 28, 2010, rendered a decision that the part is in violation of the Constitution (the Constitutional Court Decision 2010Hun-Ga, October 28, 201).
Accordingly, the above provision of the law was retroactively invalidated in accordance with Article 47 (3) of the Constitutional Court Act.
3. Inasmuch as the instant facts charged constitute a case that does not constitute a crime, a judgment of not guilty is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.