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The defendant shall be innocent.
Reasons
1. The summary of the facts charged C as the Defendant’s employee:
A. On March 29, 2001, 20: 20:45 Magpo- 11 km (km) from the roads located in a point of 11 km in the mountain direction of the mass of the highway, in front of the 4 main office of the road construction project located in the Republic of Korea, in violation of the restriction on the operation of the vehicle by the management agency, including loading of cargo of more than 28.3 tons exceeding 10 metric tons of the 4 main office of the said vehicle, and loading and operating cargo of more than 40 gross weight of more than 59.1 tons in excess of 40 metric tons;
B. On April 30, 2001, around 18:46, at around 11.3 km in the direction of Gwangju metropolitan highway, the vehicle operation restriction was violated by the management agency, such as loading freight of more than 11.2 tons, which exceeds 10 tons in weight, on the road front of the construction basin, located in the road located at a point of 1.3 km (km) in the direction of Gwangju metropolitan highway, and loading freight of more than 4.5 tons in total weight exceeding 40 tons, and operating the said vehicle.
2. The Constitutional Court Decision 2010Hun-Ga decided October 28, 2010 14, 15, 21, 27, 35, 38, 44, 70 (Consolidation) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and amended by Act No. 7832 of Dec. 30, 2005) stated in Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005), 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 corporation shall also be punished by a fine under the relevant Article.
Article 47(2) proviso of the Constitutional Court Act provides that “The provision applicable to the above facts charged shall retroactively lose its effect in accordance with the decision of unconstitutionality.”
3. According to the conclusion, the facts charged in the instant case constitute a crime, and thus, acquitted under the former part of Article 325 of the Criminal Procedure Act.