Text
The defendant shall be innocent.
Reasons
1. The Defendant, a juristic person established for the purpose of mid-term leasing business and the business incidental thereto, is an owner of A15 tons dump truck. On October 28, 1993, the Defendant, who is his employee, loaded sand on the above vehicle on the road, 25 tons of the national road located in the Donsan-gun, Gyeongyang-gun, Gyeongyang-gun, Gyeongyang-gun, Gyeongyang-gun, Gyeongyang-gun, and operated the 11.8 tons of the above vehicle on the 2 axis and 12 tons of the above vehicle on the 3 axis, while he cannot load and operate the 10 tons of the cargo at least 10 tons of the vehicle on the 2 axis of the vehicle.
2. The judgment prosecutor's punishment of a fine of KRW 300,00 was finalized by filing a public prosecution in accordance with Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 193; Act No. 4920, Jan. 5, 1995); however, when an agent, employee or other worker of a corporation commits an offense under Article 84 subparagraph 1 of the said Act in relation to the business of the corporation, the corporation shall also be fined under the said Article.
“The portion of the Constitutional Court Decision 2011 Constitutional Court Decision 2011Hun-Ga, dated December 29, 2011, retroactively lost its effect due to the 24th decision of unconstitutionality.
Therefore, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.