도로법위반
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On November 7, 2005, around 04:48 on November 7, 2005, the Defendant, an employee of the Defendant, operated the said vehicle with a gross weight of more than 44.96 tons on the front of the business site in front of the Korea Highway Corporation, in excess of a gross weight of more than 40 tons, and violated the restriction on the operation of the vehicle by the road management authority.
2. As to the facts charged in the instant case, the prosecutor charged a public prosecution by applying Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), and the summary order of KRW 1,000,000 was notified and finalized in this court.
However, after the above summary order became final and conclusive, Article 86 of the above Act provides that "where an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation" shall be imposed on the Constitutional Court [the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 shall be imposed on the corporation]. The above provision of the above Act, which is applicable provisions of the facts charged, has retroactively lost its effect.
3. According to the conclusion, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant is publicly notified under Article 58(2) of