The defendant shall be innocent.

1. On August 8, 1997, at around 13:05, the Defendant, his employee, loaded and operated B dump trucks with freight of more than 10 tons on the second axis of B dump trucks exceeding 12.00 tons from among the limited dump trucks at the office of 13.2km at around 13:2km Incheon Metropolitan City, Incheon Metropolitan City, thereby violating the road management authority’s restriction on vehicle operation.

2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005) to the facts charged. The Constitutional Court ruled in Article 86 that "where an agent, employee or other worker of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, a fine under the relevant Article shall be imposed on the corporation," that "the relevant provision of a fine under the relevant Article shall be imposed on the corporation," is unconstitutional (the Constitutional Court Order 2010Hun-Ga14,15,21,27, 27, 35, 38, 44, 70 (merger).

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