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The defendant shall be innocent.
Reasons
1. The summary of the facts charged of this case is as follows: ① on February 26, 1994, at around 02:32, 1994, the user of the defendant operated the vehicle A with respect to the defendant's business, he refused to comply with the demand for measurement by the Department of Control at the time of operating the vehicle A while operating the vehicle B at the front of the Department of Inspection at the Department of the National Highway No. 23 Line, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Gyeong-gun, the National Highway, without justifiable reasons; ② around 00:51 on March 18, 1994, he violated the restriction on the operation of the vehicle by operating the vehicle while
2. As to Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jan. 5, 1995) which is a joint penal provision of the facts charged in this case, among the applicable provisions of the Act to the facts charged in this case, the part that "where an agent, employee or other employee of a corporation commits a violation under subparagraph 1 of Article 84 in connection with the business of the corporation, the corporation shall be punished by a fine under the relevant provision of the Act, as well as the corporation, by the decision of the Constitutional Court on Dec. 29, 2011; and the part that "where an agent, employee or other employee of the corporation commits a violation under subparagraph 2 of Article 84 in connection with the business of the corporation, the corporation shall also be punished by a fine under the relevant provision of the Act, which is retroactively null and void pursuant to the proviso of each of the Act.
3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.