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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant is the owner of A truck, and B, an employee of the Defendant, violated the restriction on operation by loading and operating imported materials in the name of 11.6 tons at the 2 axis of the above vehicle, even though it was a restricted area in which it is impossible to operate more than 10 tons per 10 tons per 10 tons per 10 tons per 10 tons per 10 tons at the 379 km parallel along the Gyeongn-do Office of the Gyeongn Road at the 379 km parallel of the Gyeongn Road on June 29, 194.
2. The prosecutor of the judgment applied Article 86, Article 84 subparagraph 1, and Article 54 (1) of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995; hereinafter the same) to the facts charged in the instant case, and applied Article 86, Article 84 subparagraph 1, and Article 54 (1) to the summary order against which the summary order subject to review was issued, and the summary order subject to
However, on December 29, 2011, the Constitutional Court rendered a decision that “if an agent, employee, or other employee of a corporation commits an offense under Article 84 subparagraph 1 of the former Road Act with respect to the business of the corporation, the corporation shall also be fined in accordance with the relevant Article” in Article 86 of the former Road Act, which applies to this case, the portion of “if the corporation commits an offense under Article 84 subparagraph 1 in connection with the business of the corporation, the corporation shall be fined in accordance with the relevant Article” (see Constitutional Court en banc Decision 2011Hun-Ga24, Dec. 29, 20
On the other hand, where the penal law or legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the pertinent provision shall be deemed to constitute a crime.
(see, e.g., Supreme Court Decisions 2004Do9037, Apr. 15, 2005; 91Do2825, May 8, 1992). Therefore, the instant facts charged constitute a crime, and thus, is not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act.