도로법위반
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
The summary of the facts charged in this case is that around 17:06 on April 15, 1997, the Defendant, an employee of the Defendant, operated a B vehicle at a point 12 km in front of the Gyeongan Highway in front of the Gyeongan Highway Corporation at the 11.4t level, thereby violating the restriction on vehicle operation by a road management authority.
On the other hand, the prosecutor prosecuted the facts charged of this case by applying Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), and the summary order of KRW 500,000 was notified and finalized in this court.
However, after the above summary order became final and conclusive, Article 86 of the above Act provides that "where an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation," the part of the decision that "the fine under the corresponding Article shall be imposed on the corporation," which is in violation of the Constitution, shall be imposed on the Constitutional Court (see Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70, which is applicable mutatis mutandis to the above facts charged, has retroactively lost its effect.
Thus, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant is announced under Article 440 of the Criminal Procedure Act. It is so decided as per Disposition.