도로법위반
The defendant shall be innocent.
The summary of the facts charged in this case is that at around 14:35 on February 21, 1997, the Defendant’s employee B, with respect to the Defendant’s business, loaded the rail on the road in front of the 64.5 knsan business office located in the Donsan Highway, Chungcheongnam-si, Hasan-si, and operated the C truck with freight exceeding 10 tons from 10 tons to 1.3 tons during the limitation axis, and operated the truck owned by the Defendant while loaded with freight exceeding 1.3 tons from 1.3 tons during the limitation axis.
On the other hand, the prosecutor charged a public prosecution by applying Articles 86, 83(1)2 and 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) to the facts charged.
On October 28, 2010, the Constitutional Court rendered a decision that "if an agent, employee, or other servant of a corporation commits an offence provided for in Article 83 (1) 2 in connection with the business of the corporation, the fine provided for in Article 86 of the former Road Act shall also be imposed on the corporation (the Constitutional Court Order 2010Hun-Ga38 shall also be imposed on the corporation) that the provision of the Act is in violation of the Constitution (the Constitutional Court Order 2010Hun-Ga38 shall also be null and void retroactively in accordance with the
Therefore, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.