도로법위반
The defendant shall be innocent.
The summary of the facts charged in the instant case is that the Defendant is the owner of B vehicle, and around 13:54 on June 3, 2003, the Defendant violated the restriction on the vehicle operation of the road management authority by driving the said vehicle under the condition that C, an employee of the Defendant, was loaded with a panel of at least 11.9 tons in excess of 10 tons of the limitation on the Defendant’s duties at a tent location 342.7km point of 342.7km from the Gyeong Highway.
However, the crime charged is an offense falling under Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Mar. 21, 2008); Article 86 of the former Road Act was issued by the Constitutional Court Order No. 2008Hun-Ga17, Jul. 30, 2009; therefore, the above punishment provision was retroactively invalidated pursuant to Article 47(2) of the former Constitutional Court Act (amended by Act No. 12597, May 20, 201); thus, the charge charged in this case is not a crime, and thus, the defendant shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.