Text
The defendant shall be innocent.
Reasons
The summary of the facts charged of this case is that "the employee of the defendant violated the restriction on vehicle operation by failing to comply with the measurement of load on the road front of the movement of Macheon-ri-ri and the inner autopsy on November 29, 1994, in the case of the defendant's business."
However, in Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995), which is the applicable provisions of the facts charged, "where an agent, employee or other worker of a corporation commits a violation under subparagraph 2 of Article 84 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," the provision that "if the agent, employee or other worker of the corporation commits a violation under subparagraph 2 of Article 84, the relevant Article shall also be imposed on the corporation," which is retroactively invalidated by the Constitutional Court Order 2012Hun-Ga18 decided Oct. 2
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.