도로법위반
The defendant shall be innocent.
1. The Defendant’s employee, as G5 tons of truck, is G5 tons of truck, and as the driver of G5 tons of truck, around July 5, 2002, when driving the above vehicle on the road prior to the seat of the expressway petition office, F, as the driver of the above vehicle, had a 11.2 tons of plastic products loaded on the said vehicle with a 11.2 tons of 1.2 tons of plastic products loaded on the said 2 axis, while driving the said vehicle in excess of 10 tons.
2. The judgment prosecutor applied Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Oct. 2, 2002; hereinafter referred to as the “former Road Act”) to summary indictment as to the facts charged in the instant case. The summary order of KRW 200,000 issued by the court to the Defendant was finalized on January 22, 2013.
On October 28, 2010, the Constitutional Court rendered a decision that "where an employee or any other employee of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," in Article 86 of the above Act, is in violation of the Constitution (Supreme Court Decision 2010Hun-Ga14, 15, 21, 27, 27, 35, 38, 44, 70 (Joint) Decided October 28, 2010) (Article 86, which is applicable to the facts charged in this case, has retroactively lost its effect.
3. Conclusion, the facts charged in the instant case constitute a crime not committed.
In accordance with the former part of Article 325 of the Criminal Procedure Act, it is decided as per Disposition that the defendant shall be acquitted.