도로법위반
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the facts charged is the CTrack driver, who is a CTrack truck driver on September 7, 2002. On September 23:15, 2002, the defendant's service was operated in a state where the height of the freight is more than 0.37m with the limit of 4m on the above vehicle at the Scacheon Inspection Station located in the Scacheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Hacheon-gun, D. 4m.
2. The prosecutor of the judgment was amended by Act No. 4920 of Jan. 5, 1995 as to the above charged facts, and was amended by Act No. 7832 of Dec. 30, 2005.
(A) A public prosecution was instituted by applying Articles 86, 83(1)2, and 54(1) of the former Road Act (hereinafter “former Road Act”).
When an agent, employee or other worker of a corporation commits an offense provided for in Article 83 (1) 2 in connection with the business of the corporation on October 28, 2010 under Article 86 of the former Road Act, the Constitutional Court shall also impose a fine as provided for in corresponding Article on the corporation.
Article 47(2) proviso of the former Constitutional Court Act (amended by Act No. 12597, May 20, 2014) (amended by Act No. 12597, Oct. 28, 2010) provides that “The Constitutional Court Order 2010Hun-Ga, 14, 15, 21, 27, 35, 38, 44, and 70 (Joint)” (amended by Act No. 12597, Oct. 28, 2010) was null and void retroactively.
3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of this judgment is to be publicly announced pursuant to the main sentence of Article 440 of the Criminal Procedure Act. It is so decided
It is so decided as per Disposition for the above reasons.