도로법위반
The defendant shall be innocent.
The summary of the facts charged in this case is as follows: around October 30, 1998, around 00:34, an employee A of the Defendant violated the restriction on the operation of a vehicle by the road management authority by carrying 11.715 tons of freight exceeding 10 tons out of the limit 10 tons on the 4th axis of B vehicles owned by the Defendant Company in relation to the Defendant’s business at the Gwangju branch of the Gwangju branch of the Korea Highway Corporation.
The prosecutor prosecuted the charged facts of this case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005). The summary order of KRW 500,000 was notified in this court.
However, after the above summary order became final and conclusive, the Constitutional Court rendered a decision 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 relevant Article shall also be imposed on the corporation," which is in violation of the Constitution (Supreme Court Order 2010Hun-Ga38 Decided October 28, 2010). The above provision of the law, which is the applicable provisions of the facts charged, retroactively loses its effect.
Thus, 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.