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The defendant is innocent.
Reasons
1. The summary of the facts charged:
(a) Around 13:53 on August 5, 1997, at a branch office of the Korea Highway Corporation located 420 kilometers of the Southern Sea Highway, the Defendant’s employee violated the restrictions on the operation of vehicles of the road management agency by loading and operating the freight exceeding 10 tons of the limited axis of the Category A truck on the 4 livestock, in excess of 10 tons of the limited axis;
B. Around 20:20 on April 9, 1997, the Defendant’s employee violated the restrictions on vehicle operation of the road management agency by operating B truck to 10.1 ton of the 2 axis in excess of 10 ton of the 2 axis, 11.1 ton of the 2 axis, and 41.8 ton of the gross weight of 41.8 tons in excess of 10 ton of the limited axis;
C. On December 2, 199, around 20:46, the Daejeon Metropolitan City Highway Corporation branching 153 kilometers of the Gyeongdong-dong, Daejeon Daejeon Metropolitan City, in Daejeon Metropolitan City Branching the Daejeon Metropolitan Office, in violation of the restriction on the operation of vehicles by the road management agency by loading and operating freight exceeding 10 tons of the limited axis, and the Defendant’s employees violated the restriction on the operation of vehicles by driving freight exceeding 11.2 tons of the limited axis.
2. In a decision of 2010Hun-Ga23, 24, 36, 39, 47, and 50 (merger) rendered on October 28, 2010, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, the portion of the fine under Article 83 (2) shall be imposed on the corporation retroactively in accordance with the proviso to Article 47 (2) of the Constitutional Court Act, which is applied by the public prosecutor to the above facts charged."
3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.