The defendant shall be innocent.

1. On July 9, 2005, around 01:09, the Defendant’s employees violated the restriction on vehicle operation of the road management authority by operating the Defendant’s own B truck loaded with freight of 12.14 tons of 3 livestock, 11.24 tons of 4 km of the 4km starting point of the glive mountain line, in front of the Ulsan Highway Branch Office, in excess of 10 tons of the limitation on the said truck.

2. As to the facts charged in this case, a public prosecutor has instituted a public prosecution by applying Article 86 and Article 83 (1) 2 of the former Road Act, and the Constitutional Court rendered a decision that "if an agent, employee or other worker of a corporation commits an act of violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the pertinent Article shall be imposed on the corporation," which is in violation of the Constitution (the Constitutional Court Order 2008HunGa17 delivered on July 30, 2009) that "the above provision of the Act, which is applicable mutatis mutandis to the above facts charged, retroactively lost its effect.

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.