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The defendant shall be innocent.
Reasons
1. On May 27, 1998, the Defendant is the owner of a truck A, who is his employee B, violated the restriction on operation by loading the freight of more than 12.3 tons at the third axis in excess of 10 tons of a stable weight at the red control autopsy room in front of the So-ri-ri, and operating the said vehicle, at the time of porting at around 17:15 on May 27, 1998.
2. The judgment prosecutor, applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), shall institute a public prosecution, and a fine of KRW 700,00 has become final and conclusive due to a summary order subject to review, but Article 86 of the above Act provides that "where an agent, employee, or other employee of a corporation commits an offense under Article 83(1)2 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation," which is "where the agent, employee, or other employee of the corporation commits an offense under Article 83(1)2 of the above Act, a fine under the corresponding Article shall also be imposed on the corporation, which is retroactively invalidated by the decision of the Constitutional Court on Oct. 28, 2010. Therefore, the facts charged in this case