도로법위반
The defendant shall be innocent.
1. As to the facts charged, the Defendant, the user of the Defendant, loaded and operated a total weight of more than 44.8 tons on the freight vehicle B, A, at a point of 159 km on March 5, 200, at the 159 mpon line on the Honam Highway Highway, and operated a total weight of more than 40 tons.
2. The former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and amended by Act No. 7832 of Dec. 30, 2005) which is a legal provision applicable to the facts charged of this case, where 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, a fine under the relevant Article shall also be imposed on the corporation.
“The Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (Merger) decided on October 28, 2010 and Article 47(3) of the Constitutional Court Act was retroactively invalidated.
In addition, where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provision shall be deemed to be a crime.
Thus, the facts charged of this case constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.