The defendant shall be innocent.

On October 14:37, 2002, the Defendant violated the restriction on vehicle operation of the road management authority by operating the vehicle with the gross weight exceeding 44.6 tons at the large-scale trucking business office of the Korea Highway Corporation in excess of the gross weight exceeding 40 tons in relation to the Defendant’s business.

Judgment

A public prosecutor has instituted a public prosecution 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, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; hereinafter the same). The Constitutional Court rendered a decision that "where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," in Article 86 of the former Road Act, that "if the agent, employee, or other worker of the corporation commits a violation under Article 83(1)2, a fine under the relevant Article shall also be imposed on the corporation," and the part of the said Act retroactively lost its effect (see, e.g., Constitutional Court Order 2010Hun-Ga38

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act