도로법위반
The defendant shall be innocent.
1. Around 07:49 on January 16, 2002, the Defendant violated the restriction on the operation of vehicles by the road management authority by loading and operating the freight exceeding the minimum weight of the freight vehicles owned by the Defendant in excess of the minimum weight of the freight vehicles owned by the Defendant in relation to the Defendant’s business at the Busan-do road construction business office located in Busan-do, Seoul-gu, Busan-do.
2. The Constitutional Court rendered a decision of unconstitutionality on October 28, 2010 that "if 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 under Article 83 (1) 2 shall also be imposed on the corporation in violation of the Constitution, and as a result, Article 47 (3) of the Constitutional Court Act (amended by Act No. 4920 of Jan. 5, 1995) applied to the facts charged in the instant case by the public prosecutor is retroactively invalidated pursuant to Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005)."
Thus, the facts charged in this case constitute a crime, and thus, is not guilty under the former part of Article 325 of the Criminal Procedure Act.