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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On March 4, 1997, around 11:55, the driving private person F, as an employee of the defendant, loaded more than 1.1 ton of G freight vehicle on the third axis and operated more than 1.1 ton in excess of 1.1 ton in order to preserve the road structure at the office of Incheon at a point of 13.2 km in the expressway, Korea, and Incheon, the 2km at a point of 13.2km in the highway, Korea, and to prevent the danger of operation.
2. The former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) which applies to the facts charged of this case, where a representative, employee, or other worker of a corporation commits a violation under Article 84 subparagraph 1 of the same Article in relation to the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation.
Article 47(3) of the Constitutional Court Act provides that “The portion of the charges in this case shall be retroactively invalidated pursuant to the Constitutional Court’s unconstitutional decision (see Constitutional Court Decision 2011Hun-Ga24, Dec. 29, 201) (see Constitutional Court Decision 2011Hun-Ga3, Dec. 29, 201). Therefore, since the facts charged in this case are not a crime, the charges in this case shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the verdict of innocence shall be published pursuant to Article 440 of the Criminal Procedure Act.