The defendant shall be innocent.

1. The facts charged No. B is a corporation that drives a truck of 10 tons owned by the Defendant, and the Defendant is a corporation that runs a truck transport business.

B On August 4, 199, around 03:31, 199, at the former branch office of the Korea Highway Corporation, at the former branch office of the former branch office of the Korea Highway Corporation, it violated the restrictions on vehicle operation of the road management authority by operating the said truck with gross weight exceeding 40 tons to 4.6 tons, and with gross weight exceeding 44.6 tons.

The Defendant, at the same time and place, committed the above-mentioned violation in relation to the Defendant’s business.

2. In a judgment, Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the above facts charged, "where an agent, employee or other employee of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," the part that "a fine under the relevant Article shall also be imposed on the corporation," which is retroactively invalidated by the Constitutional Court (the Constitutional Court en banc Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (Joint) of the same Act).

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