도로법위반
The defendant shall be innocent.
1. The facts charged No. B is a person driving a dump truck C15 tons, and the defendant is the owner of the above vehicle. B around March 22, 2001, around 16:25, the office of the Korea Highway Corporation located in Gyeyang-gu Incheon Metropolitan Gyeyang-gu, Incheon Metropolitan City, located on the road, where the office of the Korea Highway Corporation located in Gyeyang-gu, Incheon Metropolitan City, is the body of the outer expressway, in excess of 10 tons of the restricted axis, and violated the restriction on vehicle operation of the road management authority by operating the truck with cargo loaded in the 2 axis, 12.5 tons of 12 tons of the restricted axis, and 12 tons of the 2 axis, and the defendant committed the above violation as to its duties.
2. Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 8976 of Mar. 21, 2008), which is the applicable provisions of the facts charged in the instant case, "where an agent, employee, or other worker of an individual commits an offense under Article 83 (1) 2 in connection with the individual's business, a fine under the relevant Article shall be imposed on the individual" was retroactively invalidated by the Constitutional Court's decision of unconstitutionality as of Oct. 28, 2010.
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.