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The defendant shall be innocent.
Reasons
1. Summary of the facts charged in this case
A. On March 22, 1995, at around 01:51, the Defendant violated the restriction on the operation of vehicles of the road management agency by loading and operating cargo exceeding the limit of the cargo vehicles owned by the Defendant in relation to the Defendant’s duties, at the top-down line of 142.5km in Seoul, Gyeongnam-do, Chungcheongnam-do, Seoul, Seoul.
B. On March 22, 1995, at around 03:09, the Defendant violated the restriction on the operation of vehicles of the road management office by loading and operating the freight exceeding the limit of the freight vehicles owned by the Defendant in relation to the Defendant’s duties, on the Gyeongbuk Highway Seoul flag, which has jurisdiction over the Daejeon business office located in the Daejeon, Chungcheongnam-nam, Daejeon. The Defendant violated the restriction on the operation of vehicles of the road management office.
2. The prosecutor of the judgment shall also impose a fine under 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) with respect to the facts charged of this case where the agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in relation to the business of the corporation.
A public prosecution was instituted by applying the part "," and the defendant received a summary order subject to review and the above summary order against the defendant became final and conclusive.
In this regard, the Constitutional Court rendered a decision of unconstitutionality on October 28, 2010 with respect to the above provision of the law (Supreme Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (Joint) Decided October 28, 2010) and thus, the above provision of the law was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.
Thus, the facts charged of 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.