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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that B, an employee of the defendant, operated the above vehicle with freight loaded with freight of 10.1 ton and 11.2 ton of 4 ton and 10 ton of 3 ton of C at the road in the Yannam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the National Highway No. 23 on May 27, 1994, in relation to the defendant's work.
2. The prosecutor of the judgment applied Articles 86, 84 subparag. 1 and 54(1) of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995; hereinafter “former Road Act”) to the above charged facts.
However, since the effect of Article 86 and Article 84 subparagraph 1 of the former Road Act is retroactively lost in accordance with the Constitutional Court Order 201Hun-Ga24 Decided December 29, 201 and Article 47 (3) of the Constitutional Court Act, and thus, it is not a crime, thereby not guilty under the former part of Article 325 of the Criminal Procedure Act.