도로법위반
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On January 4, 2006, around 03:30 on January 4, 2006, the summary of the facts charged is as follows: A, an employee of the Defendant, was in violation of the restriction on the operation of vehicles by the road management authority, by loading and operating freight exceeding 10 km of B 11.5 tons of Kac Truck on the road at the Seoul Highway Corporation located in the Dognam-gu, Chungcheongnam-gu, Sungnam-si, Busan Metropolitan City (branch 406km point in Busan Busan Metropolitan City Office) at the first axis of the Seoul Highway truck.
2. The prosecutor charged a public prosecution for the above charged facts by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and amended by Act No. 8976 of Mar. 21, 2008) to the above charged facts.
However, in Article 86 of the above Act, the phrase "if an agent, employee or other worker of a corporation commits an offense pursuant to Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine pursuant to the corresponding Article." The Constitutional Court Decision 2008Hun-Ga17 Decided July 30, 2009, 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 pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment in this case is publicly announced pursuant to Article 440 of the Criminal Procedure Act and Article 5