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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant is a corporation established for the purpose of trucking transport business, etc.
A. On September 29, 2003, if the transmission was to North-gu at port on September 21:20, 2003, A, an employee of the Defendant, loaded and operated a ship of 3.0 meters wide on the B truck in excess of 2.5 meters wide on the 7th line line of the Jinjin National Road, and thereby committing a violation in relation to the Defendant’s duties;
B. On November 13, 18:24 of the same year, around 18:18:24, at the National Highway 38 of the Seocheon-gun, Gangwon National Road 38 of Gangwon-gun, Gangwon-do, in relation to the defendant's duties by loading and operating raw timber on the third axis of the truck in excess of 10.99 tons of gross weight, 11.49 tons at the fourth axis, and 40.79 tons of gross weight, in excess of 10.9 tons of gross weight, and the total weight of 40.79 tons;
C. On 16:13 on 12.5. 16.13 of the same year, if the transmission was made by the North Korean port, the Defendant committed a violation regarding the duties of the Defendant by loading and operating timber of 11.86 tons, 11.59 tons, gross weight of 42.78 tons on the third axis of the truck in excess of 10 tons of gross weight and 40 tons of the 11.86 tons of the 5.8 tons, gross weight of 42.78 tons of the truck.
2. The prosecutor of the judgment applied Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005; hereinafter the same) to the facts charged in the instant case, and applied Articles 86, 83(1)2 and 54(1), and the summary order subject to review was issued and confirmed as they are.
However, the Constitutional Court en banc Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, and 70 (merger) rendered on October 28, 2010 ruled that "where an agent, employee, or other worker of a corporation commits a violation provided for in Article 83 (1) 2 in connection with the business of the corporation, the portion of the provision of the above law that "if the agent, employee, or other worker of the corporation commits a violation provided for in Article 83 (1) 2, the relevant provision of the Road Act also imposes a fine on the corporation shall also be unconstitutional."