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The defendant shall be innocent.
Reasons
The summary of the charges of summary order against the defendant is that A, an employee of the defendant, violated the restriction on operation of the road management agency in relation to the defendant's business by operating B truck with loaded B truck with freight exceeding 2 tons in excess of 2 tons in the limit of 3 tons in the inspection station at the large-scale trucking station of the highway, around April 27, 1999.
However, Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which served as the basis of the punishment of this case where an agent, employee or other worker of a corporation commits an offense under Article 84 subparagraph 1 of the Act in connection with the business of the corporation, the corporation shall be punished by a fine under the corresponding Article.
“Inasmuch as the part of the Constitutional Court’s decision of unconstitutionality has lost its effect (the Constitutional Court 2010Hun-Ga38, Oct. 28, 2010). It is so decided as per Disposition by the assent of all participating Justices on the Defendant’s acquittal pursuant to the former part of Article 325 of the Criminal Procedure Act.