도로법위반
The defendant shall be innocent.
1. Around March 31, 2005, around 06:05, the Defendant violated the restriction on the operation of vehicles by road management authorities by loading and operating freight exceeding the limit, weight, and total weight of freight vehicles owned by the Defendant in relation to the Defendant’s business at the Seosan Korea Highway Corporation.
2. The prosecutor of the judgment applied 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) to the part that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 with respect to the business of the corporation, the corporation shall be fined under the corresponding Article in addition to the corporation shall be fined)," and the defendant was sentenced to review and became final and conclusive.
However, on October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality as to the above provision of the law (the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) on October 28, 2010), thereby retroactively invalidated the above provision of the law in accordance with the proviso of Article 47(2) of the Constitutional Court Act.
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.