대응되는 죄명 없음(2010.02.27 전환)
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant, as the owner of C vehicle, caused D to load more than 1.1 ton and operate the said vehicle on the street before the Korea Highway Corporation located 70.3 kilometers in the mid-to-west Highway on March 30, 1998, at the location of the said vehicle at the 70.3 kilometer branch office of the Korea Highway Corporation, around March 30, 1998.
2. The above facts charged constitute Article 86, Article 83(1)2, and Article 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005). However, according to the decision of the Constitutional Court by the Constitutional Court on Article 86 of the former Road Act, the above part of Article 86 of the former Road Act, "if an agent, employee, or other worker of a corporation commits an offense as prescribed in Article 83(1)2 of the former Road Act with respect to the business of the corporation, a fine as prescribed in the corresponding Article shall also be imposed on the corporation, is retroactively invalidated."
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