도로법위반
The defendant shall be innocent.
1. Around September 2, 2005, around 03:58, the Defendant operated a limited weight exceeding 40 tons by loading and operating a 44.19 tons of freight on the roads of the Korea Highway Corporation at a point of 185 km in order to maintain the patrol point of the Southern Expressway. A, an employee of the Defendant, loaded and operating a 44.19 tons of freight on the roads of the Korea Highway Corporation in front of the following industrial complexes.
2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and amended by Act No. 78326 of Dec. 30, 2005) to the facts charged in the instant case.
However, in Article 86 of the above Act, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an offense pursuant to Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine pursuant to the corresponding Article." (The Constitutional Court Order 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (combined) dated October 28, 2010) is in violation of the Constitution."
Accordingly, the above provision of the law was retroactively invalidated in accordance with Article 47(3) of the Constitutional Court Act.
3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the
It is so decided as per Disposition for the above reasons.