The defendant shall be innocent.

1. The Defendant is the owner of C vehicle. Around November 19, 2007, the Defendant, who is the Defendant’s employee, operated the vehicle in excess of 4.24 tons of the gross weight on the said vehicle at the control room located in the Seoyang-si, Seoyang-si, Seoyang-si around 07:18 on November 19, 2007, thereby violating the restriction on the operation of the vehicle at the National Land Management Office.

2. The prosecutor charged a public prosecution for the above charged facts by applying Articles 86 and 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) to the above charged facts.

However, Article 86 of the above Act provides that "if an agent, employee or other worker of a corporation commits an act of violating Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article." The Constitutional Court Order 2008Hun-Ga17 dated July 30, 2009 ruled that the above provision of the law retroactively lost its effect.

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.