도로법위반
The defendant shall be innocent.
1. The Defendant’s summary of the facts charged is a legal entity established for cargo transportation services, etc., and an employee A, with respect to his/her duties, violated the restrictions on the operation of vehicles of the road management authority by carrying a plastic material onto B 17.5 tons of the old-end truck with a total weight of 44.04 tons at a 17.04 tons away from the old-gu office of business in the old-gu Seoul Special Metropolitan City on June 16, 2004, by allowing the road management authority to operate a vehicle with a total weight of more than 40 tons in order to preserve the road’s structure and prevent risks to traffic.
2. The prosecutor charged the facts charged in this case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), and the Constitutional Court made a decision that "where an agent, employee or other worker 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, "the provision that the relevant Article shall be imposed on the corporation, in violation of the Constitution (the Constitutional Court Order 2010Hun-Ga14,15,21,21,27,35,38,44,70 (merged) of the above provisions of the Act, which are applicable provisions of the law, retroactively as a result of the decision of unconstitutionality, has lost its effect.
Thus, the facts charged in this case 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.