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The defendant shall be innocent.
Reasons
1. On June 15, 1998, around 18:37, the Defendant’s employees C violated the restriction on the operation of vehicles by a road management agency by operating the 11.4t cargo loaded on the 4 axis in excess of 10t of the 10t weight of D freight vehicles owned by the Defendant at the business office of the senior branch office of the Korea Highway Corporation at a point of 88 Expressway 32.5km.
2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005; where an agent, employee or other worker of a corporation commits a violation provided for in Article 83(1)2 in Article 86 of the above Act, the Constitutional Court shall be punished by a fine provided for in the corresponding Article, even the corporation."
3. As such, the facts charged in this case constitute a crime and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.