The defendant shall be innocent.

The summary of the facts charged in this case is that at around 11:19 on April 15, 2006, an employee of the defendant violated the restriction on the operation of the vehicle by operating B truck with freight loaded with freight to ensure that the weight of the 4th-scale weight exceeds 1.16 tons at the front of the business office of the Southern Sea Highway at around 11:19 on April 15, 2006.

However, in Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008), which applies mutatis mutandis to the facts charged in this case, "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, the corporation shall be punished by a fine under the relevant provision," the Constitutional Court Order 2008HunGa17 Decided July 30, 2009 and the proviso of Article 47 (2) of the Constitutional Court Act, the effect of which is retroactively lost.

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.