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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in the instant case is the driver of the freight vehicle B 17.5 tons to which the Defendant belongs.
A around January 6, 1996, around 12:06, on the street in front of the Dong-dong highway in Gwangju-gu, Chungcheongnam-gu, Gwangju Metropolitan City, loaded a steel plate on the said cargo vehicle and operated a 1.1 ton of more than 10 tons while being operated as a female waterway in Gwangju-gu, thereby violating the restrictions on the operation of vehicles of the road management agency.
Accordingly, A, an employee of the defendant, committed a violation as above in relation to the defendant's business.
2. The judgment prosecutor applied Articles 86 and 83 (1) 2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and by Act No. 7832 of Dec. 30, 2005) to a summary order subject to review and the punishment of a fine of KRW 300,00 was finalized, but Article 86 of the same Act provides that if an agent, employee or other employee of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article.
“The portion of the Constitutional Court Decision 2010Hun-Ga, October 28, 2010, ruled 2010, retroactively lost its effect.
Therefore, the facts charged of 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.