도로법위반
The defendant is innocent.
1. At around 08:50 on Nov. 12, 1999, I, an employee of the defendant, had a provision of restriction on operation of the road management authority with a total weight of 10.0 tons exceeding 3.5 tons of total weight of 49.80 tons, since the 2nd axis of the 13th line Don National Road located in the Dondon National Road located in the Dondon, Jeonnam-gun-gun National Highway around 08:50 on Nov. 12, 1999.
2. The prosecutor brought a public action against the facts charged in the instant 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; hereinafter “former Road Act”). However, the part that “where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 of the former Road Act due to the decision of the Constitutional Court on Oct. 28, 2010, Article 86 of the former Road Act (amended by Act No. 1014, Oct. 14, 2010; 15, 21, 27, 35, 38, 44, and 70 of the same Act, the portion that “if the corporation commits a violation under Article 83(1)2 of the same Act, the corporation shall also be punished by a fine under the relevant Article” becomes retroactively null and void.
Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.