도로법위반
The Defendant is not guilty. The summary of the judgment of innocence of this case is publicly notified.
1. On June 7, 2007, at around 16:55, the Defendant, who was his employee, operated C truck with freight of 4.21m of the actual measurement value exceeding 4.2m of the limit level at the front side of the Daejeon Highway Corporation located in Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, Daejeon, in violation of the restriction on vehicle operation by a road management authority.
2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Jul. 30, 2009; and the Constitutional Court rendered a decision that "where 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 the relevant Article shall also be imposed on the corporation," and the same provision of the same Act, which is applicable mutatis mutandis to the facts charged, retroactively loses its effect in accordance with the above decision of unconstitutionality, was retroactively invalidated.
3. In conclusion, 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, and the summary of the judgment of the defendant is publicly announced under Article 58(2)