The defendant shall be innocent.

1. On December 14, 2006, C, an employee of the Defendant, violated the restriction on vehicle operation of the road management authority by operating a D freight vehicle in excess of 11.49 tons of a stable 10 tons on the front of the Gyeongdo Highway, in excess of 13:37 tons of the restriction on the road in front of the Gyeongdo Highway.

2. The prosecutor of the judgment applied Article 86 and Article 83(1)2 of the former Road Act (wholly amended by Act No. 7832 of Dec. 30, 2005 and wholly amended by Act No. 8976 of Mar. 21, 2008; hereinafter “former Road Act”) to the facts charged in the instant case. However, according to the Constitutional Court Decision 2008Hun-Ga17 decided July 30, 2009, Article 86 of the former Road Act "where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 of the Act, the portion that "the fine under the relevant Article shall also be imposed on the corporation is retroactively null and void."

Thus, 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.