도로법위반
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The Defendant is a juristic person established for the purpose of transporting cargo in the facts charged. On March 26, 2002, the Defendant committed a violation regarding the Defendant’s duties by loading and operating freight exceeding 3.2 meters in width exceeding 2.5 meters of width limit in the service site of the national highway No. 7 of Jinjin-ri, the Defendant’s employees, at the service site of the national highway No. 7.
2. The prosecutor of the judgment applied 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; hereinafter the same) to the facts charged in the instant case, and applied Articles 86, 83(1)2 and 54(1), and the summary order subject to review was issued and confirmed as they are.
On October 28, 2010, the Constitutional Court rendered a ruling that “if an agent, employee, or other worker of a corporation commits an offense provided for in Article 83(1)2 in connection with the business of the corporation, a fine provided for in Article 83(2) of the former Road Act shall also be imposed on the corporation” in Article 86 of the former Road Act, which applies mutatis mutandis to the instant case, is in violation of the Constitution, and thereby, the said provision of the Act retroactively loses its effect pursuant to the proviso of Article 47(2) of the Constitutional Court Act.
On the other hand, where the penal law or the legal provision becomes retroactively effective due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the pertinent provision shall be deemed to constitute a crime.
(2) Article 325 of the Criminal Procedure Act provides that “The facts charged in this case are not a crime” and “the defendant shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act” and “the summary of the judgment on the defendant shall be publicly announced pursuant to Article 440 of the Criminal Procedure Act.”