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The defendants are all innocent.
Reasons
1. The summary of the facts charged is that the Defendant is the owner of C Truck, and that he is the Defendant’s employee with respect to his duties.
A. On December 27, 2005, around 21:40, the road management authority violated the restrictions on the operation of vehicles by operating the cargo loaded with freight of at least 1.325 tons at the fourth axis of the said truck in excess of 10 tons of a limited stable weight at a military entity's place of business in Young-dong Expressway;
B. On January 16, 2006, around 07:17:00, the office of business of the Cheongju Highway violated the restrictions on the vehicle operation of the road management authority by operating the cargo loaded with the cargo of 11.1 ton at the 1 axis of the said truck in excess of 10 tons of the restricted cattle weight.
2. The prosecutor of the judgment is the facts charged of the instant case.
As to paragraph (1), Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and amended by Act No. 7832 of Dec. 30, 2005) and the facts charged in the instant case
As to Article 86 and Article 83(1)2 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), a public prosecution was instituted by applying each provision of Article 86 and Article 83(1)2 of the same Act.
However, Article 86 of the above Act provides that "if an agent, employee, or other servant of a corporation commits an offence provided for in Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine pursuant to the corresponding Article," the Constitutional Court Order 2010Hun-Ga38, Oct. 28, 2010 and the Constitutional Court Order 2008Hun-Ga17, Jul. 30, 2009, retroactively loses its effect.
Thus, since each of the facts charged in this case constitutes a case that does not constitute a crime, the defendant shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.