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The defendant shall be innocent.
Reasons
1. The Defendant is the owner of A truck, and the employee B violated the restriction on operation by loading more than 44.1 ton of the cargo from around 15:08 to around 196 km at a drilling point in the direction-setting 196 km at the point of the main road of the expressway between the Republic of Korea and Daejeon-On February 4, 2003, with respect to his/her duties. The Defendant violated the restriction on operation by operating the said vehicle.
4. On November 18, 18:22 of the same year, the Korea Road Corporation violated the restriction on operation by loading cargo exceeding 40 tons and operating the said vehicle at a voice store located at a point of 16:34 km on the Highway 294.34km, and violated the restriction on operation by operating the said vehicle at a point of 45.63 tons of total weight exceeding 40 tons at the location of the Seoul Gyeongbuk-do Office located at a point of 4.32 km on the Seoul Gyeongbuk-do Highway 18:2m of the same year. Around December 30, 17:44 of the same year, the Corporation violated the restriction on operation by operating the said vehicle by loading cargo exceeding 4.70 tons at a point of 163.38 km on the Highway 163km in Korea.
2. The prosecutor charged the facts charged of this case by applying Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005) to the facts charged of this case. When an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 of the Act in Article 86 of the above Act, the said corporation shall also be punished by a fine under the corresponding Article.
“The Constitutional Court Decision 2010Hun-Ga decided October 28, 2010 (Joint) 14, 15, 21, 27, 35, 38, 44, 70 (Joint) decided on October 28, 201, retroactively invalidated.
Therefore, the facts charged of 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.