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The defendant is innocent.
Reasons
1. Summary of the facts charged
A. At around 00:09 on December 2, 1994, the Defendant violated the restrictions on the operation of vehicles of the road management agency by loading and operating the freight truck of 35.2 tons owned by the Defendant in total weight exceeding 25 tons in total weight of 35.2 tons in relation to the Defendant’s business at the Macheon-ri, Macheon-si, Macheon-si, Macheon-ri, Macheon-ri, Macheon-si, Ma-ri, Ma.
B. On October 11, 2005, the Defendant violated the restriction on vehicle operation of the road management agency by loading and operating a 11.36 tons of construction materials on the third axis in excess of 10 tons of F 11 ton truck owned by the Defendant in relation to the Defendant’s business at the Korea Highway Corporation (12.8km), which was left on October 16, 2008.
2. Determination:
A. The Constitutional Court rendered a decision on December 29, 201 that "if an agent, employee, or other worker of a corporation commits an offense under Article 84 subparagraph 1 of Article 84 in connection with the corporation's business, a fine under the corresponding Article shall also be imposed on the corporation in violation of the Constitution" in Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995) that applied the facts charged under the proviso of Article 47 (2) of the Constitutional Court Act, the part of the above provision of the Act retroactively loses its effect pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.
B. In the Constitutional Court Decision 2010HunGa14, 15, 21, 27, 35, 38, 44, 70 (merger) Decided October 28, 2010, the part of Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which applied the facts charged by the public prosecutor under the above 1.B is that "where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, the part of the fine under the pertinent Article shall also be imposed on the corporation is unconstitutional."