도로법위반
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. On February 18, 2004, the summary of the facts charged is the owner of B truck, and C, who is the Defendant’s employee, operated the truck at the subordinate office of the Korea Highway Corporation in the direction of Daejeon Highway, in excess of 10 tons of a limited axis to the truck, and as a truck loaded at the 11.16 tons of a 4 cattle, in excess of 10 tons of a limited axis, thereby violating the road management authority’s restriction on vehicle operation in relation to the Defendant’s business.
2. 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) provides that "where 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 provision shall also be imposed on the corporation," the decision of unconstitutionality that is in violation of the Constitution (the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (combined) of the same Act (amended by Act No. 4920 of Oct. 28, 2010). The part of the above provision of the Act, which is the applicable provisions of the facts charged of this case, retroactively loses its effect.
Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the court rendered a judgment of innocence pursuant to the former part of Article 325 of the Criminal Procedure Act, and publicly announced the summary of the judgment of innocence against the defendant pursuant to Article