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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the defendant's employee A, as the driver of the freight vehicle B owned by the defendant company, committed the following offenses with respect to the business of the defendant company.
(a) A, around 00:30 on March 10, 1994, refused to comply with a request for the measurement of load by the road management authority on the front side of the mountain mountain field, the mountain field, the mountain field, the mountain field, the mountain field, the mountain field, the mountain field, the Dog-gun, the Dog-gun,
B. A, around 21:51 on March 20, 1994, refused a request for the measurement of the load of the road management agency on the front day of the school old-gun’s written statement from the South Korean passenger-gun.
2. The part of Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jun. 1, 1993; Act No. 4993) which applies to the facts charged of this case that "where an agent, employee, or other worker of a corporation commits an offense under Article 84 (2) in connection with the business of the corporation, a fine under the pertinent Article shall also be imposed on the corporation," which is the legal provision of the facts charged of this case, was determined as unconstitutional by the Constitutional Court Order No. 2012Hun-Ga, Oct. 25, 2012. The above provision of the Act retroactively loses its effect.
Thus, 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.