도로법위반
The defendant shall be innocent.
1. On December 3, 199, around 14:51 on December 3, 199, the Defendant violated the restriction on the operation of vehicles by a road management authority by loading and operating freight with a total weight of 11.70 tons on the 4 livestock, 12.30 tons on the 5 livestock, and 47.10 tons on a total weight of 47.10 tons on the 4 livestock, the Defendant’s employees violated the restriction on the operation of vehicles at an inspection station located in Pyeongtaek-gun, Gangwon-do, Pyeongtaek-gun, Pyeongtaek-gun, Gangwon-do, on the Defendant’s business.
2. The prosecutor of the judgment applied Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) to the part that "if an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 with respect to the business of the corporation, the corporation shall be fined under the corresponding Article." As to this, the defendant received a summary order subject to retrial (Seoul District Court Order 2000Da6539 of Apr. 12, 200), and the above summary order against the defendant became final and conclusive.
However, on October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality as to the above provision of the law (the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) on October 28, 2010), thereby retroactively invalidated the above provision of the law in accordance with the proviso of Article 47(2) of the Constitutional Court Act.
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.