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The defendant is innocent.
Reasons
1. The summary of the facts charged:
(a) Around 00:02 on August 6, 2005, the Defendant’s employee violated the restrictions on the operation of vehicles of the road management agency by loading and operating the freight exceeding 11.14 tons on the third axis, in excess of 10 tons of the limited axis, at the Gimhae Sea Business Office, 154 kilometers in Busan, the Southern Sea Line 154 kilometers in Busan;
(b) Around 08:37 on September 22, 2004, the Defendant’s employee violated the restrictions on the operation of vehicles of the road management agency by loading and operating freight exceeding 11.26 tons of B truck on the second axis in excess of 10 tons of the restricted axis;
(c) Around 05:42 on May 27, 2004, the Defendant’s employee violated the restrictions on the operation of vehicles of the road management agency by loading and operating freight exceeding 11.55 tons of C Truck in excess of 10 tons from the restricted axis at the location of Busan 12.8 kilometers on May 27, 2004;
(d) Around 17:55 on Nov. 23, 2000, the Defendant’s employee violated the restrictions on the operation of vehicles of the road management agency by loading and operating freight to the first axis in excess of 10 tons of the limited axiss in excess of 8.7 tons and 11.3 tons of freight to the second axis;
E. On August 17, 200, around 22:54, the Defendant’s employees violated the restriction on vehicle operation of the road management agency by loading and operating D truck on the 2 axis in excess of 11.8 tons of freight exceeding 10 tons of the restricted axis.
2. The Constitutional Court rendered a decision of 2010Hun-Ga23, 24, 36, 39, 47, and 50 (merger) on October 28, 2010, which applied the above facts charged by a public prosecutor, in Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 8976 of Mar. 21, 2008), “the agent, employee, or other servant 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.