도로법위반
The defendant shall be innocent.
1. A summary of the facts charged is a legal entity that aims at trucking transport business. Around September 20:23, 1998, the Defendant, an employee C, driving a D 24 tons truck with respect to the Defendant’s business and violated the restriction on the operation of vehicles by carrying 14 tons of steel on the third axis of the said vehicle and operating the 14 tons of steel at the early stations of the traffic crackdown located in South-gu and South-gu at port on September 17, 1998.
2. The Constitutional Court rendered a decision of unconstitutionality on October 28, 2010 that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under Article 83 (1) 2 shall also be imposed on the corporation in violation of the Constitution." Accordingly, Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) applied by the public prosecutor to the facts charged in the case of this case is retroactively invalidated pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.
Thus, the facts charged in this case constitute a crime, and thus, is not guilty under the former part of Article 325 of the Criminal Procedure Act.