도로법위반
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The facts charged against C is a dump truck driver owned by the Defendant, and the Defendant is the owner of the dump truck, and C is a restricted area where it is impossible to operate more than 10 tons per each 2 axis, while it is at the dump truck control station located in the Yanyang-gun, Chungcheongbuk-gun on October 2, 1994, at the time of 14:15 on October 2, 1994, it is a restricted area where it is difficult to load more than 10 tons per each dump, but it is operated with 1.4 tons of 1.4 tons in the 2 axis, 3 dump truck with 1.8 tons in the 2 axis, and the Defendant had C perform the above act in relation to the company business at the same time.
2. The prosecutor of the judgment applied Article 86, Article 84 subparagraph 1, and Article 54 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) to the above charged facts, and accordingly, the defendant was notified of the summary order subject to reexamination and confirmed.
However, after a summary order subject to review became final and conclusive, the Constitutional Court rendered a decision that "where an agent, employee, or any other employee of a corporation commits an offense under Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jan. 5, 1995; a fine under the relevant Article shall be imposed on the corporation; the same shall also be imposed on the corporation in violation of the Constitution)" in Article 86 of the same Act, which states that "if the agent, employee, or any other employee of the corporation commits an offense under Article 84 subparagraph 1 in connection with the business of the corporation, the part of the above provision of the Act, which
Therefore, since each of the facts charged in this case constitutes a case that does not constitute a crime, it is so decided as per Disposition by the decision of the court below with a decision of not guilty under the former part of Article 325 of the Criminal Procedure Act and publicly notifying the summary of the judgment of the defendant