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The defendant shall be innocent.
Reasons
1. On October 22, 2004, the Defendant’s employee A was the driver of B truck, and around October 22, 2004, the Defendant violated the restriction on the vehicle operation of the road management authority by loading and operating the freight of 11.07 tons exceeding 10 tons of the limited axis at the Seoul Business Office located in Busan 406 kilometers in Busan 406 kilometers in the direction of Busan.
2. 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), which applies to the facts charged in this case, is the Constitutional Court's decision that "where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 with respect to the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," in Article 86 of the above Act, is a violation of the Constitution (the Constitutional Court's decision 2010Hun-Ga14, 15, 21, 21, 27, 35, 38, 44, 70 (combined) of the Act). The part of the above provision of the Act becomes retroactively null and void pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.
Thus, the facts charged in 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.