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The judgment below
The part against the defendant shall be reversed.
The defendant shall be innocent.
Reasons
1. The penalty (one million won of fine) of the judgment of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.
2. Ex officio determination
A. The summary of the facts charged is a legal entity that mainly focuses on cargo transport business. At around 21:30 on February 22, 2008, the Defendant’s employee A violated the restrictions on the operation of the road management authority by operating a container with a gross weight exceeding 63.3 tons, a gross weight exceeding 40 tons, a gross weight exceeding 10 tons, and a gross weight exceeding 63.3 tons, a gross weight exceeding 14.2 tons, a stable 12.9 tons, 4.8 tons, 4.8 tons, or 5 stable 14.6 tons (20 feet).
B. The part of Article 86 of the former Road Act (wholly amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008) that "where an agent, employee or other worker of a corporation commits an act of violating Article 83 (1) 2 in connection with the business of the corporation, a fine under the pertinent Article shall also be imposed on the corporation" was decided to be unconstitutional in the case of adjudication on the unconstitutionality of Act No. 1799, Jul. 30, 2009. The part of the above provision of the law was retroactively invalidated pursuant to the proviso of Article 47 (2) of the former Constitutional Court Act (wholly amended by Act No. 10546 of Apr. 5, 2011).
Therefore, the judgment of the court below that convicted the defendant by applying Articles 86, 83(1)2 and 54(1) of the Road Act, since the facts charged in this case constitute a case that does not constitute a crime, cannot avoid the reversal of the judgment below.
3. If so, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the part of the judgment below against the defendant is reversed and it is again decided as follows.
The summary of the facts charged in the instant case is set forth in Section 2-A.
This is the same as the entry in paragraph 2-b.
(b) in paragraph (3);