도로법위반
The defendant shall be innocent.
1. Around January 10, 2003, the summary of the facts charged in the instant case was operated by the Defendant’s employees B with the limited weight exceeding 1.08 tons at the Busan place of business on January 10, 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 by the judgment prosecutor to the facts charged of this case, where a representative, employee or other worker of a corporation commits a violation under Article 83 (1) 2 with respect to the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article.
“The part “” was determined as unconstitutional by the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 25, 35, 38, 44, 70 (Joint) Decided October 28, 2010, and thus, the said legal provision was retroactively invalidated.
Thus, the facts charged of 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.