도로법위반
The defendant shall be innocent.
1. On November 15, 1997, the defendant had an employee B drive C truck with respect to his duties, and around November 15, 1997, B violated the restriction on the operation of the vehicle by carrying freight of 11.75t on the 2nd axis in excess of 10t of the restricted axis at the National Road No. 12 on the 12th National Road in the Southern-gun, Southern-gun, Southern-gun, Southern-gun, Seoul-do.
2. The prosecutor of the judgment applied Articles 86, 83(1)2 and 54(1) 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 the same) to a summary order as to the above facts charged, and the summary order subject to retrial was notified and confirmed.
However, the Constitutional Court decided on October 28, 2010 that "if an agent, employee, or other worker of a corporation commits an act of violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the same Article shall be imposed on the corporation," in Article 86 of the former Road Act, the Constitutional Court ruled that "in accordance with the proviso to Article 47 (2) of the Constitutional Court Act, Article 86 of the same Act, the provision of the same Act retroactively loses its effect.
Therefore, 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.
It is so decided as per Disposition for the above reasons.