도로법위반
The defendant shall be innocent.
1. The summary of the facts charged is around 23:2 on August 12, 2003, the Defendant loaded and operated the freight of 12.10t on the 2 axis of the freight vehicle B in relation to the Defendant’s work, even though the Defendant’s employee A loaded and operated the freight of 12.10t at the 2 axis of the freight vehicle B in relation to the Defendant’s work.
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 is a joint penal provision among the applicable provisions of the above facts charged, retroactively loses its effect due to the Constitutional Court Decision 201Hun-Ga38 of Oct. 28, 2010, etc.
Thus, the above facts charged 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.