도로법위반
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On August 14, 200, at around 11:50 on August 14, 200, the Defendant is the owner of C Truck, and the employee D violated the restriction on the operation of the road management authority by allowing it to operate a vehicle exceeding 10 tons of gross weight and 40 tons on the 30-line roads of the Doggra National Road of the Jindoggjin-gun, the Jindo Office of North Korea, and in order to preserve the road and prevent the risks of traffic.
2. The above facts charged fall under Articles 86, 83(1)2, and 54(1) of the former Road Act (wholly amended by Act No. 8976 of Mar. 21, 2008; hereinafter the same), but the Constitutional Court of Korea has retroactively invalidated the corresponding part of Article 86 of the former Road Act, where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 of the former Road Act in relation to the business of the corporation, Article 86 of the former Road Act (amended by Act No. 8976 of Mar. 21, 200).
(See Constitutional Court en banc Order 2008Hun-Ga17, Jul. 30, 2009). 3. As such, since the facts charged in this case do not constitute a crime, the facts charged in this case should be pronounced not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act, and Article 440 of the Criminal Procedure Act and Article 58(2) of the Criminal Act should be announced publicly.