도로법위반
The defendant shall be innocent.
The Defendant in the facts charged of the instant case is the user of B who driven a freight vehicle A, and B around July 22, 2004, around 31.27, at the North Institute of Business located at a point of 31.5 kilometers in the Young-dong Highway Incheon Highway, operated the 11.18 tons of cargo loaded at the 2 axis of the said vehicle and operated the weight exceeding 1.18 tons, thereby violating the road management authority’s restriction on vehicle operation in relation to the Defendant’s business.
Judgment
As to 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, hereinafter the same) which is a joint penal provision among the applicable provisions of the facts charged in this case, the Constitutional Court rendered a decision that "where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the relevant Article, if the agent, employee or other worker of the corporation committed a violation under Article 83 (1) 2 in accordance with the decision of unconstitutionality as to Article 86 of the former Road Act (amended by Act No. 7832 of Oct. 28, 2010) applied in this case, the part of the above provision, which is applicable
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