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The defendant is innocent.
Reasons
1. The summary of the facts charged is a corporation that employs A and owns and manages the above vehicle, and is established for the purpose of automobile transportation business, etc.
On April 23, 2001, the Defendant violated the restriction on the operation of vehicles of the Road Management Agency by allowing the said A, who was employed by the Defendant, to load and operate the salt of 12.070t on the 1 axis of the said vehicle, despite the restriction on passage of at least 10t out of the axis at a Gunr's office located in 355, Mapo-si, Mapo-si, Mapo-si, 355, Seopo-si, 19.8km-dong, Mapo-si.
2. As to the facts charged in the instant case, the public prosecutor instituted a public prosecution by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) to the facts charged in the instant case.
In this regard, the Constitutional Court on October 28, 2010, when an agent, employee or other worker of a corporation commits an act of violating the provisions of Article 83 (1) 2 in Article 86 of the former Road Act in relation to the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article.
“The part” was decided to be unconstitutional (see, e.g., Constitutional Court Order 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, and 70, Oct. 28, 2010) (see, 14, 15, 21, 27, 35, 38, 44, and 70, respectively). The legal provision on punishment decided to be unconstitutional is retroactively null and void (see, e.g., Article 47(3) of the Constitutional Court Act). In a case where the legal provision on punishment becomes retroactively null and void due to the decision of unconstitutionality, the case against the defendant who was indicted by applying the pertinent provision constitutes a case that was not a crime (see, e.g., Supreme Court Decision 91Do2825, May 8, 192; Supreme Court Decision 2005Do8317, Jun. 28, 2007).
Therefore, the defendant is acquitted in accordance with the former part of Article 325 of the Criminal Procedure Act.