도로법위반
The defendant shall be innocent.
1. Around September 15, 2005, the summary of the facts charged, at around 11:24, 2005, the Defendant violated the restrictions on the operation of vehicles by road management authorities by loading and operating the freight exceeding the limit, weight, and total weight of the freight owned by the Defendant with respect to the Defendant’s business in the Suwon-dong, Busan-gu.
2. The prosecutor of the judgment applied Article 86 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 part that "if an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be fined under the corresponding Article." The defendant was sentenced to a judgment subject to retrial, and the above judgment became final and conclusive.
However, on October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality as to the above provision of the law (the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) on October 28, 2010), thereby retroactively invalidated the above provision of the law in accordance with the proviso of Article 47(2) of the Constitutional Court 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.