The defendant is innocent.

1. On March 20, 2004, at around 11:26, the Defendant: (a) operated the said vehicle as loaded with freight of 11.38 tons during the 2 axis, in excess of 10 tons, on the road front of the 26.9 kilometer at the right intersection direction of the board intersection, the Defendant violated the restriction on the operation of the vehicle by the road management authority.

2. Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), which applies to the facts charged in the instant case, (i) the Constitutional Court rendered a decision that “if an employee of a corporation commits a violation under Article 83(1)2 with respect to the business of the corporation, a fine under the relevant provision shall be imposed on the corporation, as well as the corporation, in accordance with Article 86 of the said Act, is in violation of the Constitution (see Constitutional Court Order 2010Hun-Ga38, Oct. 28, 2010). Accordingly, the provision of the said Act retroactively loses its effect pursuant to the proviso of Article 47(2) of the Constitutional Court Act.

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.