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The defendant shall be innocent.
Reasons
1. On February 25, 2004, around 18:45, the Defendant violated the restriction on vehicle operation by the road management authority by loading and operating the freight exceeding the height of the freight vehicles owned by the Defendant on the road in front of the Changwon Highway at a point of 138.59 km in order to maintain the Southern Sea Line.
2. The part of Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the facts charged in this case, "where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," which is subject to a fine under the relevant Article, of the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merged)."
Therefore, the facts charged in this case constitute a crime and thus not guilty under the former part of Article 325 of the Criminal Procedure Act.