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The defendant shall be innocent.
Reasons
1. Summary of the facts charged
A. At around 15:24 on July 14, 1994, 1994, the Defendant’s employees A, with respect to the Defendant’s service, violated the restriction on the operation of the road management authority by operating B cargo trucks owned by the Defendant as loaded with KRW 1.36 tons at the 5th 5th line of the 5th line of the 2013 Highest 1091 (the summary order subject to review: 94 highest 21508, Apr. 6, 1995).
B. The Defendant’s employee A, as of November 25, 1993, was in violation of the restriction on the operation of the road management authority by operating B cargo trucks owned by the Defendant in excess of 0.56 tons from 5 lines on July 20, 1993 and 1.14 tons from 5 lines on the 201:23, 193, 1993, 193, 203, 203, 200,000,000,0000,000,0000,000,000,000,000,000,000,000,000,000
2. The prosecutor of the judgment applied Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jan. 5, 1995) to each of the above facts charged, and the summary order subject to review was notified and finalized.
However, after each of the above summary orders became final and conclusive, the Constitutional Court rendered a decision that "where an agent, employee or other worker of a corporation commits an offense under Article 84 (1) in connection with the corporation's business on December 29, 201 (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995)" in Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995) that "where the agent, employee or other worker of the corporation commits an offense under Article 84 (1) in connection with the corporation's business, a fine under the relevant provision shall be imposed on the corporation," and accordingly, the provision of the above Act retroactively loses its effect in accordance with
Thus, each of the above facts charged constitutes a case that does not constitute a crime, and pursuant to the former part of Article 325 of the Criminal Procedure Act.