도로법위반
The defendant shall be innocent.
1. The summary of the facts charged in the instant case is around 18:28 on April 12, 2007, the Defendant, who was an employee of the Defendant, loaded and operated freight of 12.26 tons on the 2 axis of B freight vehicles owned by the Defendant in relation to the Defendant’s business at the location of Busan Suwon Station 392.4 km, Busan, the Busan, and operated more than 10 tons of the limited axis.
2. Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008) which is a joint penal provision among the applicable provisions of the facts charged in the instant case was invalidated retroactively due to the Constitutional Court’s decision of unconstitutionality on July 30, 2009.
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.