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The defendant shall be innocent.
Reasons
1. On November 6, 1996, at around 04:13, around 1996, the Defendant, as the owner of the freight truck, and around 11.6 tons of the freight truck, the Defendant, as the employee of the Defendant, violated the restriction on the operation of the vehicle by the road management authority, by operating the freight loaded with the freight of at least 1.6 tons on the second axis of the truck in the Daejeon Metropolitan City, in excess of the restriction on the restriction on the
2. The prosecutor charged 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 amended by Act No. 7832 of Dec. 30, 2005) to the facts charged in the instant case.
However, Article 86 of the above Act provides that "if an agent, employee, or other worker of a corporation commits an offense pursuant to Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine pursuant to the corresponding Article," the Constitutional Court shall be punished by a fine pursuant to the corresponding Article."
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.