도로법위반
The defendant shall be innocent.
The summary of the facts charged in the instant case is that the Defendant’s employee violated the restriction on vehicle operation of the road management authority by operating the B cargo vehicle with the freight loaded with the 3 livestock weight exceeding 1.1 ton of the limited weight exceeding 1.1 ton at the front of the Gwangju Highway on December 1, 1993, at around 12:47.1, 193.
However, Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 193, and amended by Act No. 4920 of Jan. 5, 1995) which applies mutatis mutandis to the facts charged in this case provides that "where an agent, employee or other worker of a corporation commits a violation provided for in subparagraph 1 of Article 84 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation," which is retroactively invalidated pursuant to the Constitutional Court Decision 2011Hun-Ga24 decided Dec. 29, 201 and the proviso of Article 47 (2) of the Constitutional Court Act.
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.