The defendant shall be innocent.

1. At around 14:00 on February 5, 1998, C, an employee of the Defendant, operated a D Cargo Vehicle with respect to the Defendant’s business, in violation of the restriction on the operation of the vehicle by the road management authority by operating the 12.75 tons of gross weight, 40 tons at the front of the National Highway 13 Line Operation Restriction Station located in the Yannam-gun, Yannam-gun, Yannam-gun, G, in excess of 2.5 meters in front of the inspection station of the restriction on the operation of the 4:60 tons, gross weight, 12.60 tons at the 5 axis, gross weight, 49.65 tons, and 3.20 meters wide.

2. As to 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 a joint penal provision among the applicable provisions to the facts charged in this case, the Constitutional Court rendered a decision on Oct. 28, 2010 that "where an agent, employee or other employee of a corporation commits a violation under Article 83 (1) 2 in connection with the corporation's business, the corporation shall be punished by a fine under Article 83 (1) 2 of the Act shall also be punished by the Constitution, and the part of the above Article 47 (2) of the Constitutional Court Act (amended by Act No. 7832 of Oct. 28, 2010) shall retroactively lose its effect pursuant to the proviso to Article 47 (2) of the Constitutional Court Act.

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.