도로법위반
The defendant shall be innocent.
1. On April 10, 2003, the summary of the facts charged, Defendant A, the user of the Defendant, violated the restriction on operation by loading and operating freight of more than 11.3 tons of freight of more than 10 tons, which is limited to 4 metric tons of B freight cars owned by the Defendant at the location of Gwangju metropolitan office in the direction of Seoul branch office in Seoul, 89.5km of the Seoul Metropolitan area, at around 06:2, 2003.
2. 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) which applies to the facts charged in the instant case, where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the relevant Article.
The Constitutional Court Decision 2010Hun-Ga38 Decided October 28, 2010 and Article 47(3) of the Constitutional Court Act retroactively lost its effect.
In a case where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant law shall be limited to the case where it is not committed.
3. The instant facts charged constitute a crime and thus, the Defendant is acquitted on the basis of the former part of Article 325 of the Criminal Procedure Act.