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The defendant shall be innocent.
Reasons
1. The Seoul Central District Court issued a summary order of KRW 50,00 (hereinafter "the summary order subject to review") on June 26, 1995 with regard to the summary order prosecuted under Article 86, Article 84 subparagraph 1, and Article 54 (1) of the former Road Act (amended by Act No. 4545 of March 10, 193, and amended by Act No. 4920 of January 5, 1995; hereinafter the same shall apply) to the defendant, and the summary order subject to review became final and conclusive around that time.
On October 5, 2020, the defendant requested a retrial on October 5, 2020, this Court rendered a decision to commence a retrial on October 19, 2020 on the grounds that there were grounds for retrial under Article 47(4) and (3) of the Constitutional Court Act in a summary order subject to a retrial. The decision to commence the retrial became final and conclusive around that time.
2. The summary of the facts charged is that the Defendant, who is an employee, should exercise due care and supervision to prevent the excessive operation of the Defendant’s business in the operation of the C Truck, but neglected to do so, and the Defendant, at around 12:16 December 31, 1994, operated the Korea Highway Corporation located at the 20.4 km point of the Seoul Hawon Branch Office located at the 20.4 km point of the Seoul Hawon Branch Office, with freight of 1.7 tons in the 2 axis of the said vehicle, even though it was a restricted area where the Defendant cannot operate more than 10 tons in the upper end of the Seoul Hawon Branch
3. Where the Acts and subordinate statutes on punishment have retroactively lost its validity due to the decision of unconstitutionality by the Constitutional Court, a prosecuted case against which a public prosecution was instituted by applying the relevant Acts and subordinate statutes shall be pronounced not guilty under Article 325
(see, e.g., Supreme Court en banc Decision 2010Do5986, Dec. 16, 2010). The Constitutional Court, on December 29, 201, violates Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); an agent, employee, or other worker of a corporation, in relation to the business of the corporation.