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The defendant shall disclose the summary of the judgment of innocence against the defendant.
Reasons
1. A summary of the facts charged is the driver of C vehicle, and the defendant is the owner of the above vehicle as a corporation with the purpose of trucking transport, etc.
B around December 12, 2006, around 18:11, around 2006, as a result of the mooring of the loaded freight of the above vehicle at the control station of the fleet 1 National Highway No. 1 of the king-gun National Highway 1 of the Republic of Korea, the Defendant violated the restrictions on the operation of vehicles under the Road Act by exceeding 1.12 tons of 4 metric weight more than 10 tons and more than 10 tons of restriction on operation, and the Defendant had B commit the above violation in relation to the corporation’s business.
2. As to the facts charged of this case, the prosecutor of the judgment is amended by Act No. 7832 of Dec. 30, 2005 and 2008
3. A public prosecution was instituted by applying Articles 86 and 83(1)2 of the former Road Act (wholly amended by Act No. 8976, Jul. 30, 2009; hereinafter the same). The part of Article 86 of the former Road Act that "if an employee or other worker of a corporation commits an offense under Article 83(1)2 with respect to the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," which stated that "if an employee or other worker of the corporation commits an offense under Article 83(1)2, a fine under the relevant Article shall be imposed on the corporation," was determined to be in violation of the Constitution (the Constitutional Court Order 2008Hun-Ga17, Jul. 30, 2009). Thus, the part of the above Article of the Constitutional Court Act retroactively lost its effect pursuant to
3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime and thus, the court rendered a judgment of innocence under the former part of Article 325 of the Criminal Procedure Act and publicly announced the summary of the judgment of innocence under Article 440 of the same Act