도로법위반
The defendant shall be innocent.
1. The Defendant, as the owner of BMo 5 tons truck, was his employee C, at around 10:35 on June 15, 2007, operated the Defendant’s business at a point of 5.1km in Seoul, other than Seoul, at a point of 11.06 metric tons in the 2 axis, at a point of 5.1km in the starting point of the offline of the Seoul, and operated the Defendant’s business in excess of 10 tons in the 2 axis.
2. The Constitutional Court Decision 2008Hun-Ga decided on July 30, 2009, which held that "if a corporation's agent, employee or other worker commits a violation provided for in Article 83 (1) 2 in Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 1995, and amended by Act No. 8976 of Mar. 21, 2008), the corporation shall also be punished by a fine provided for in the corresponding Article.
“The part” was retroactively invalidated.
Therefore, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.