도로법위반
The defendant shall be innocent.
1. The summary of the facts charged in this case is as follows: (a) around March 14, 2003, at around 15:25, A, an employee of the Defendant, operated the Defendant’s vehicle B with B freight; (b) around March 14, 2003, at the location of the branch office of the Korea Highway Corporation at the location of 163.38 km, 44.54 tons of freight exceeding the gross weight of 4.54 tons; and (c) around March 14:26, 2003, around 14:28, 2003, at the location of the Hadong-gun, Geumdong-gun, the Defendant violated the restriction on the vehicle operation of the road management authority by operating the cargo loaded with the 11.1 tons of freight on the 3 axis at the front of the sub-dong Don Highway located at the location
2. Of the applicable provisions to the facts charged in this case, regarding 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), which is a joint penal provision, among the applicable provisions to the facts charged in this case, the Constitutional Court decided on Oct. 28, 2010 that "where an agent, employee or other employee of a corporation commits a violation under Article 83 (1) 2 in connection with the corporation's business, the corporation shall be punished by a fine under Article 83 (1) 2 of the Act, and as a result of the decision of unconstitutionality, Article 47 (2) of the Constitutional Court Act (amended by Act No. 7832 of Oct. 28, 2010) shall retroactively lose its effect pursuant to the proviso to Article 47 (2) of the same Act.
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.