도로법위반
The defendant shall be innocent.
1. On February 3, 2004, the Defendant: (a) around 06:48, at a place of business within the direction-setting for a new 16 km branch of the Young-dong Highway; (b) the Defendant could not operate more than 10t of limited storage weight and 40t of total weight; (c) the Defendant’s employee C loaded the Defendant’s 11.30t of total weight on the D vehicle with respect to his duties, and operated the said vehicle.
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) which is a joint penal provision among the applicable provisions of the above facts charged, retroactively loses its effect due to the Constitutional Court Decision 201Hun-Ga38 of Oct. 28, 2010, etc.
Thus, the above facts charged 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.