도로법위반
The defendant shall be innocent.
1. The summary of the facts charged is as follows: ① A employee B operated the above vehicle in an excessive state with freight volumeing to KRW 11.5 tons, KRW 3 12.5 tons, KRW 12.5 tons, volumeing to KRW 12.0 tons, weighting to KRW 5 5 tons, around July 18:59, around July 4, 1991, at around 9:18:59, around 191 at the point of Seoul National Highway located in Ulsan-gu, Ulsan-gu, U.S., Seoul National Highway; ② around July 4, 1991, the Defendant operated the above vehicle with the volumeing to KRW 2.3 tons of the D truck.
2. Defendant’s assertion and judgment
A. The defendant is punished by a fine under Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and amended by Act No. 8946 of Mar. 21, 2008) in accordance with the Constitutional Court Order 2008Hun-Ga decided July 30, 2009, when an agent, employee or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation.
“The part asserts that the Constitution is unconstitutional.”
B. Unlike the Defendant’s assertion, the prosecutor applied Article 86 of the former Road Act (amended by Act No. 4545 of March 10, 1993) to a summary order subject to retrial, thus, it is difficult to accept the Defendant’s assertion.
B. Even after examining ex officio, Article 86 of the former Road Act applied by a prosecutor to a summary order subject to review does not have received a decision of unconstitutionality ( therefore, the summary order subject to review uses the term "reasons for retrial" as "reasons for retrial", but the Criminal Procedure Act does not use the term "reasons for retrial", and thus, the decision of commencement of review is unfair, but if the decision of commencement of review becomes final and conclusive without objection, the validity cannot be raised any longer, and even if the decision of commencement of review is unfair, the court is no longer required to examine the existence of reasons for retrial if the decision of commencement of review becomes final and conclusive.