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The defendant shall be innocent.
Reasons
1. The summary of the facts charged (limited to the part concerning the defendant company). A is the driver of C Truck, and the defendant B is a corporation incorporated for the purpose of district cargo transportation business, etc. and is the owner of the above truck:
(a) A on January 11, 2006, in excess of 10 tons from the 17th line, i.e., a national highway located in the national highway located in Yiju-gun, 2006, at around 22:51, in excess of 11.22 tons of the 3 livestock, and more than 41.52 tons of the total weight of 41.52 tons, and in excess of 10 tons of the 3 livestock; and
B. Defendant B, at the same time and time as in the preceding paragraph, committed the same violation as in the preceding paragraph in relation to the Defendant’s business.
2. The penal provisions of the Road Act applied to the defendant among the applicable provisions of the facts charged in the instant case have retroactively lost effect according to the Constitutional Court’s decision of unconstitutionality.
Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.