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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant is the owner of A truck, and B, an employee of the Defendant, was in violation of the restriction on the operation of the vehicle by the road management authority, on June 14, 1994, at around 03:02, in relation to his duties, the vehicle located on the national highways front of the National Highway Station located in the Yansan-gun, Chungcheongnamsan-gun, Chungcheongnam-gun, the 10 tons of more than 10 tons of the 12.9 tons of the 2 livestockbed, the 11.8 tons of the 3 livestock, the 11.8 tons of the 3 livestock, and the 4.7 tons of more than 4.7 tons of the 4.7 tons of the 5
2. The prosecutor of the judgment applied Article 86, Article 84 subparagraph 1, and Article 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) to the facts charged of this case. The summary order subject to retrial was issued on Aug. 31, 1994, and the summary order subject to retrial became final and conclusive around that time.
However, on December 29, 2011, the Constitutional Court rendered a decision that "if an agent, employee, or other servant of a corporation commits an offence under Article 84 subparagraph 1 of the former Road Act in connection with the business of the corporation, the corporation shall also be punished by a fine under the relevant Article." (see, e.g., Constitutional Court en banc Order 2011Hun-Ga24, Dec. 29, 201) is in violation of the Constitution (see, e.g., Constitutional Court en banc Order 201Hun-Ga24, Dec. 29, 20
On the other hand, where the penal law or legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the pertinent provision shall be deemed to constitute a crime.
(see, e.g., Supreme Court Decisions 2004Do9037, Apr. 15, 2005; 91Do2825, May 8, 1992). Therefore, the instant facts charged constitute a crime, and thus, is not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act.