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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On November 14, 2007, at around 14:05, the Defendant’s employee A, with respect to the Defendant’s duties, violated the restriction on vehicle operation by a road management authority by carrying freight of more than 44.23t in front of the Defendant’s business office in front of the Korea Highway Corporation Sungnam-gu, Sungnam-si, Sungnam-si, Busan-si, 29-13, 39-13, 5.1km at a point of 5.1km in the Gyeongnam-do, Sungnam-si, 2007, and operating the said vehicle.
2. Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008) which is the applicable provisions of the facts charged in the instant case was declared as unconstitutional by the Constitutional Court Order No. 2008HunGa17 of Jul. 30, 2009, and accordingly, the above provision of the Act retroactively lost its effect.
3. As the facts charged in the instant case constitute a case that does not constitute a crime, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act, and a summary of the judgment of the Defendant is publicly announced pursuant to Article 58