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The defendant shall be innocent.
Reasons
1. On November 15, 1999, the Defendant is the owner of a truck A, and around November 15, 1999, around 08, the Defendant violated the restriction on operation by loading a cargo of 11.2 tons on the 4 livestock with a stable weight exceeding 10 tons at the old Korea Highway Corporation’s main control inspection room prior to the former Korea Highway Corporation’s business.
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 by Act No. 7832 of Dec. 30, 2005), filed a public action, and the sentence of a fine of KRW 300,00 was finalized by a summary order No. 99 high-ranking2312 of Feb. 14, 2000, but Article 86 of the above Act provides that "where an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, the fine under the corresponding Article shall also be imposed on the corporation, as well, becomes retroactively effective by the Constitutional Court Order No. 2010Hun-Ga38 of Oct. 28, 2010.
Therefore, the facts charged in this case constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.