도로법위반
The defendant shall be innocent.
1. On October 4, 2005, around 20:26, the Defendant, an employee of the Defendant, loaded and operated freight exceeding 10 tons of the 2nd 11.1 ton of the freight vehicle owned by the Defendant on the street in front of the 264.6km branch office of the Korea Highway Corporation located in the direction of publication of the coast Highway, along with respect to the Defendant’s duties, at a point beyond 264.6 km, the Defendant violated the restriction on the operation of the vehicle by the road management authority.
2. The public prosecutor instituted a public prosecution against the above facts charged by applying 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) that "if an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 with respect to the business of the corporation, the corporation shall be punished by a fine under the corresponding Article." Accordingly, the summary order subject to review against the defendant issued by the court became final and conclusive.
However, on October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality as to the above provision of the law (the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) on October 28, 2010), thereby retroactively invalidated the above provision of the law in accordance with the proviso of Article 47(2) of the Constitutional Court Act.
Thus, the facts charged 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.