The defendant shall be innocent.

On March 21, 2006, around 07:05, the Defendant was a person who is engaged in transportation business as the owner of a vehicle A and violated the restrictions on the operation of a vehicle by the road management authority by loading the cargo of 11.31 tons on the 4 axis and loading and operating the cargo of more than 10 tons of a limited weight of 10 tons, in violation of the restriction on the operation of a vehicle by the Defendant’s employees, who operated the said truck in front of the 26 kilometers seter point of the 36 kilometers set side of the Gyeongpung Highway in front of the Gyeongp

As to the facts charged in this case, the public prosecutor charged a public prosecution by applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and amended by Act No. 8976 of Mar. 21, 2008; hereinafter the same) to the facts charged in this case, and the above summary order was notified and finalized.

On July 30, 2009, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an act of violation pursuant to Article 83 (1) 2 in connection with the business of the corporation, a fine pursuant to the same Article shall also be imposed on the corporation" (the Constitutional Court Order 2008HunGa17) in Article 86 of the former Road Act. Accordingly, the above provision of the Act retroactively loses its effect pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of not guilty under the former part of Article 325 of the Criminal Procedure Act