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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The facts charged No. B is the driver of Csch Rexroth owned by the Defendant.
B On April 27, 2005, around 07:40 tons of national highways No. 07:40, in the control room of vehicles in violation of the restriction on operation under the Dobong-gu in Gyeyang-gu, Gyeyang-si, the Seoul Regional Construction and Management Administration, in order to preserve the structure of roads and prevent the danger of operation, even though the operation is restricted by the head of the Seoul Regional Construction and Management Administration in excess of 10 tons of a stable, gross weight of 40 tons, etc., but the operation is restricted by the head of the Seoul Regional Construction and Management Administration in excess of 10 tons of a stable, gross weight of 3 tons, 10.58 tons of cargo of 10.58 tons of gross weight of 4.06 tons of the 44.06 tons of a while carrying and operating the cargo from the third axis, in excess of the restriction on operation, thereby violating the restriction on the operation of the said national land by exceeding 0.33 tons of the 3 tons, 0.4.06 tons of gross weight.
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, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005; and accordingly, the summary order subject to review was notified and finalized.
However, after a summary order subject to review became final and conclusive, the Constitutional Court rendered a decision that "where an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, the portion of a fine under the relevant Article shall also be imposed on the corporation, which is in violation of the Constitution" in Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995, and amended by Act No. 7832, Dec. 30, 2005) that "where the agent, employee, or other worker of the corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, the portion of the fine under the relevant Article shall also be imposed on the corporation, which is in violation of the Constitution."
Thus, the facts charged of this case are crimes.