도로법위반
The defendant shall be innocent.
1. The summary of the facts charged is that C, an employee of the Defendant, violated the restriction on the operation of vehicles of road management authorities by operating a vehicle with a large size exceeding 2.5 meters, exceeding 3.5 meters, at the inspection station of the restriction on the operation of the Newyang-Eup, Seoul Special Metropolitan City on June 7, 2007, as well as around 19:45, with respect to its duties.
2. As to the facts charged in this case, the public prosecutor was prosecuted by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008; hereinafter the same), and the summary order subject to retrial was notified and finalized.
However, since Article 86 of the former Road Act provides that "if an agent, employee, or other worker of a corporation commits an offense provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation," the same provision of the same Act, which is applicable mutatis mutandis to the facts charged, has been retroactively invalidated pursuant to the proviso to Article 47 (2) of the former Constitutional Court Act (amended by Act No. 12597, May 20, 2014).
3. In conclusion, the facts charged in this case constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.