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The defendant shall be innocent.
Reasons
Some of the facts charged were corrected.
A is a driver of Bobler 60 tones, and the Defendant is a corporation established for the purpose of the Bobre Transport Business and the General Freight Transport Business, etc., who is the owner of the above registered vehicle, and A,
1. On August 21, 2002, around 07:45, in violation of the restrictions on the operation of vehicles for the purpose of preserving road structures by operating the said vehicle in a state where it is loaded with freight of more than 10 tons and more than 14.4 tons from among the 3 breadths limited to the said cargo vehicle on the line of the Busan High-dong Busan High-ro, Busan High-dong, Busan High-dong, on the third axis;
2. On January 6, 200, around 14:00, on the 14:14th National Highway of the E station in front of the instant cargo station, in excess of 10 tons on the 2nd axiss in excess of 12.4 tons, 13 tons on the 3rd axis, and 11.20 tons on the 4th axis, and operated the said vehicle in excess of 40 tons in total weight, thereby violating the restrictions on the operation of vehicles for the purpose of maintaining road structure.
Accordingly, the defendant, who is his employee, committed such a violation as above in relation to the defendant's business.
Judgment
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) stated in the Act applicable to the facts charged of this case, "where an agent, employee, or any other employee of a corporation commits a violation provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in the relevant Article shall be imposed on the corporation," and the proviso to Article 47 (2) of the former Constitutional Court (amended by Act No. 10546 of Apr. 5, 201) becomes retroactively null and void pursuant to the proviso to Article 86 of the Act.
Therefore, since the facts charged in this case constitute a crime, it is not guilty pursuant to Article 325 of the Criminal Procedure Act.