도로법위반
The defendant shall be innocent.
1. On March 21, 2002, A, an employee of the Defendant, violated the Defendant’s employees restrictions on the operation of vehicles by the road management authority in relation to the Defendant’s business by operating the 11.4 tons of cargo loaded on the 2 axis in excess of 10 tons of limited storages at the Cheongdo Cheongdo Cheongdo 6.5km point in the 6.5km point in the main direction of mountain. On March 21, 2002.
2. As to the facts charged in this case, the public prosecutor was prosecuted by applying Article 86 and Article 83 (1) 2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and by Act No. 7832 of Dec. 30, 2005), and the summary order against which the above court is sentenced to a fine of 300,000 won was notified and finalized.
However, after the above summary order became final and conclusive, Article 86 of the above Act provides that "where an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine for negligence under the corresponding Article shall be imposed on the corporation," which is in violation of the Constitution (the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (combined)).
According to the decision of unconstitutionality, the applicable provisions of the facts charged in this case, which relate to the criminal defendant's employees, were retroactively invalidated.
3. If so, the facts charged in this case constitute a case that does not constitute a crime, and thus, it is so decided as per Disposition by the decision of not guilty of the defendant pursuant to the former part of Article 325 of the Criminal Procedure Act.