The defendant shall be innocent.

1. The summary of the facts charged is as follows: (a) around 16:30 on July 2, 1996, the Defendant, the user of C, loaded and operated freight exceeding 11.6 tons of a limited weight of 10 tons on the 1st axis, thereby violating the road management authority’s restriction on vehicle operation.

2. The prosecutor charged the facts charged in this case by applying Articles 86, 83 subparagraph 2, and 54 (1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and by Act No. 7832 of Dec. 30, 2005), and the Constitutional Court made a decision that "if an agent, employee, or other worker of a corporation commits a violation under Article 83 subparagraph 2 of the same Act with respect to the business of the corporation, the corporation shall be punished by a fine under the same Article," in Article 86 of the same Act, to the part that "if the agent, employee, or other worker of the corporation commits a violation under Article 83 subparagraph 2 of the same Act, the corporation shall be punished by a fine under the same Article (see, e.g., Constitutional Court Order 2010Hun-Ga38, Oct. 28, 2010).

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.