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The defendant shall be innocent.
Reasons
1. The summary of the facts charged was carried and operated by the Defendant, who is his employee, on October 9, 2003, at a point above 138.5km from the 15:22, the 15:3 tons of the limited 10 tons of the 4 axis of the B vehicle at the direction of Korea at a point above 138.5km from the 138.5km starting point in the south Sea, with respect to the Defendant’s business.
2. We examine the judgment. The effect of Article 86 of the former Road Act (amended by Act No. 4920 of January 5, 1995, and amended by Act No. 8976 of March 21, 2008) (amended by Act No. 8976 of March 28, 2010), which is the legal provision applicable to the facts charged of this case, was retroactively lost pursuant to the decision of the Constitutional Court 14, 15, 21, 27, 27, 35, 38, 44, 70 (merger) and the proviso of Article 47 (2) of the Constitutional Court Act, which constitutes a case where the facts charged are not a crime, and thus, the judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.