도로법위반
The defendant shall be innocent.
1. On January 19, 2006, around 12:55, the Defendant, as his driver, operated a C truck with freight exceeding 44.53 tons of gross weight exceeding 40 tons at the Dong-dong Highway Corporation, Yacheon-si, Yacheon-si, Yacheon-si. In addition, the Defendant violated the restrictions on the operation of road management authority with respect to his duties by operating C truck with freight exceeding 44.53 tons.
2. As to the facts charged in this case, Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and amended by Act No. 8976 of Mar. 21, 2008) are applicable mutatis mutandis.
However, Article 86 of the former Road Act (amended by Act No. 12597, May 2014) provides that "if an agent, employee, or other servant of a corporation commits an offence provided for in Article 83 (1) 2 in connection with the business of the corporation, the portion of the fine provided for in the relevant Article shall also be imposed on the corporation." Thus, the Constitutional Court rendered a decision that the Article 86 of the former Road Act (amended by Act No. 12597, Jul. 30, 2009) is unconstitutional, the provision of the Act is retroactively invalidated pursuant to the proviso of Article 47 (2) of the former Constitutional Court Act (amended by Act No. 12
Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act