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The defendant shall be innocent.
Reasons
1. Summary of the facts charged
A. On October 4, 2005, A, the Defendant’s employee, loaded the freight exceeding 44.04 tons and exceeding 1.35 tons of the 10 tons of the 10 tons of the 10 tons of the 10 tons of the 10 tons of the 10 tons of the 10 tons of the 10 tons of the 10 tons of the 10 tons of the 10 tons of the 10 tons of the 10 tons of the 10 tons of the 10 tons of the 11.35 tons of the 2005
B. A, an employee of the defendant, is the defendant, at around 22:39 on October 6, 2005.
at the same place as the paragraph 1.
The Defendant violated the restriction on the operation of the vehicle of the road management authority in relation to the Defendant’s duties by loading the cargo of more than 40 gross weight of 46.34 tons and operating the cargo of more than 11.78 tons in the storage while loading the cargo of more than 10 tons in the storage.
2. As to each of the facts charged in the instant case, the public prosecutor instituted a public prosecution by applying Articles 86 and 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), and the summary order of KRW 70,000 was notified and finalized in this court.
However, after the above summary order became final and conclusive, the Constitutional Court rendered a decision that "where an agent, employee, or other employee of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under the pertinent Article shall also be imposed on the corporation," in Article 86 of the above Act, violates the Constitution (Supreme Court Order 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merged). Accordingly, the applicable provisions of the facts charged in this case, the applicable provisions of which contain an employee's offense, retroactively lose its effect.
3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is against the defendant under the former part of Article 325 of the Criminal Procedure Act.