도로법위반
The defendant shall be innocent.
At around 13:17 October 201, 2001, the Defendant’s employee A, with respect to the Defendant’s business, violated the restriction on the vehicle operation of the road management authority by operating the freight exceeding 10 tons of the limited 10 tons on the front of the Korea Highway Corporation at a point of 106.3km in front of the business establishment of the Korea Highway Corporation, which was located at the point of 106.3km.
2. The prosecutor charged the facts charged in this case by applying 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. 7832 of Dec. 30, 2005), and the Constitutional Court stated in Article 86 of the same Act that "where an agent, employee or other worker of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," which is a violation of the Constitution (Article 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (combined) of the same Act). The part of the facts charged in this case, which is a decision of unconstitutionality, has become retroactively null and void.
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.