도로법위반
The defendant shall be innocent.
1. On April 2, 2002, at around 17:09 on April 2, 2002, the Defendant, an employee of the Defendant, in relation to the Defendant’s work, violated the restriction on vehicle operation by the road management authority, by operating the 2-scale weight exceeding 11.97 tons of the 10 tons of the 10 tons of the 2nd weight of the 11.97 tons of the 2nd load at the center of Incheon west 68.2km in the coastline.
2. The prosecutor charged the facts charged in this case by applying Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005). The Constitutional Court held in Article 86 of the above Act that "if an employee of a corporation commits a violation under Article 83(1)2 with respect to the corporation's business, the corporation shall be punished by a fine under Article 83(1)2 of the above Act," that "the above provision of the Act, which is a applicable provision of the above facts charged, has retroactively lost its effect (the Constitutional Court Order 2010HunGa38, Oct. 28, 2010).
3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.