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The defendant is innocent.
Reasons
1. Summary of the facts charged
A. On October 17, 2004, around 08:38, the Defendant violated the restriction on the operation of vehicles by the road management agency by loading and operating the freight of 11.75 tons of the Defendant’s D 11.5 tons of the Defendant’s D 11.5 tons of the gross weight exceeding 10 tons of the Defendant’s work at the Seoul Highway Branch Office (Seoul Highway).
B. At around 13:21 on April 20, 2004, the Defendant violated the restrictions on the operation of vehicles of the road management agency by loading and operating the 44.19 tons of large-scale freight vehicles owned by the Defendant in relation to the Defendant’s business at the point 163.38 km in the Southern Sea, the Southern Sea Line 163.38 km in the Kim Sea, and by E, an employee of the Defendant, at the point 44.19 tons in total
C. At around 13:39 on December 25, 2003, the Defendant violated the restriction on the operation of vehicles of the road management agency by loading and operating a H large cargo vehicle owned by the Defendant in excess of 40 tons among the restricted guns, by G, an employee of the Defendant, with respect to the Defendant’s business at a Gun office in the direction of 10km points in Youngdong Line.
On October 21, 2003, the Defendant violated the restrictions on the operation of vehicles by the road management agency by loading and operating freight exceeding 44.09 tons of J-Vehicles owned by the Defendant in excess of 40 tons among the restricted guns, at the location of Busan located at the point of Busan located on October 21, 2003, 12.8km of Busan located on the part of the Defendant.
E. On November 6, 2003, the Defendant violated the restriction on vehicle operation of the road management agency by loading and operating the cargo of more than 47.50 tons of the truck owned by the Defendant in excess of 40 tons among the restricted guns, at the Seosan shop in the direction of 18 km point of the Southern Sea Highway, on November 6, 2003.
2. The Constitutional Court Order 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) applied to the facts charged in this case by the prosecutor.