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The defendant shall be innocent.
Reasons
1. B, an employee of the Defendant, violated the road management authority’s restriction on vehicle operation with respect to the Defendant’s business as follows.
B On September 10, 2005, if the transmission was conducted at the port port of North Korea, it loaded 10.12 tons of gross weight and 44.52 tons of gross weight on the 5 axis at the inspection station of the transmission-restricted vehicle (type) vehicle on the ethn national highway 7th of Jinjin National Road, in excess of 10 tons of storage, gross weight of 40 tons.
B. B, at the same place on November 23, 2005, loaded and operated 10.73 tons on the 4 stables, 10.77 tons on the 5 stables, 10.77 tons on the 5 stables, and 44.47 tons in total, in excess of 10 tons on the said vehicle.
2. 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 is the applicable provisions of the facts charged in the instant case, "where an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 with respect to the business of the corporation, the corporation shall be fined under the relevant provision shall also be imposed on the corporation", which is the applicable provisions of the relevant facts charged in the instant case, has lost its retroactive effect in accordance with the
[Court Order 2010Hun-Ga14,15,21,27,35,38,44,70 (merged) decided October 28, 2010] Therefore, since the facts charged in this case are not a crime, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.