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The defendant shall be innocent.
Reasons
Summary of Facts charged
1. The Defendant is the owner of B vehicle;
A. On May 13, 2003, around 09:02, at the locational site of the Western coast 299.2 km, C, an employee of the Defendant, operated the above vehicle in relation to the Defendant’s business, in violation of the restriction on the operation of vehicles by loading the cargo of 11.5 tons on the third axis and loading and operating the cargo of 11.5 tons exceeding 10 tons of the limited weight, thereby violating the restriction on the operation of the road management authority
B. On May 23, 2003, around 15:21, at the same place, C, an employee of the Defendant, loaded 1.2 tons of cargo on the 2 axis in the same manner and loaded and operated more than 10 tons of limited weight, thereby violating restrictions on the operation of vehicles by road management authorities.
2. The Defendant is the owner of the D vehicle. On August 2, 2005, the Defendant violated the restriction on the operation of the vehicle of the road management authority by loading freight of 11.16 tons on the 3 livestock scale and loading and operating the restricted weight of more than 10 tons at the 37 km branch office of the Young-dong line, the 37 km branch office of the Dong-dong line, and E, an employee of the Defendant, operating the said vehicle with respect to the Defendant’s business.
As to each of the facts charged in this case, the public prosecutor charged a public action by applying Article 86 and Article 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; hereinafter the same), and the above summary order was notified and finalized.
On October 28, 2010, the Constitutional Court rendered a decision that "if 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, a fine under the same Article shall also be imposed on the corporation," which is in violation of the Constitution (the Constitutional Court Order 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (combined). Accordingly, the part of the above Article 47 (2) of the Constitutional Court Act shall be subject to the proviso of Article 47 (2) of the Constitutional Court Act.