도로법위반
The defendant shall be innocent.
1. The Defendant is a legal entity that carries out cargo transportation services, etc., and around 04:55 on January 26, 2004, the Defendant violated the restriction on the operation of vehicles by the road management authority by operating the said truck with a gross weight of more than 44.27 tons in total weight exceeding 40 tons on the street of the National Highway No. 28 of the Ansan-si National Road in front of the Ansan-si National Road 28, An employee of the said legal entity.
2. On October 28, 2010, the Constitutional Court rendered a decision that "if 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, a fine under the relevant Article shall be imposed on the corporation, even if the corporation, in accordance with the proviso of Article 47 (2) of the Constitutional Court Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005)" in Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005), the portion of the above legal provision shall be retroactively null and void pursuant to the proviso of Article 47
However, the prosecutor prosecuted the above facts charged by applying the above provision of the law.
Therefore, since the above facts charged constitute a crime, it is judged not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act.