The defendant shall be innocent.

1. The summary of the facts charged is a corporation established for the purpose of district cargo transportation business, etc., and around April 2, 2005, at around 06:25, the defendant's employee, the operator of the freight B, operated the above vehicle at the business office of the 26.9km store in Seoul, the outer cycle Highway, Seoul, for the purpose of maintaining the structure of the road and preventing traffic congestion, he was aware of the fact that the vehicle should not be loaded and operated in excess of 10 tons per 10 tons per axis, while he was loaded and operated in excess of 1.3 tons per 3 tons, thereby committing a violation of the restriction on vehicle operation by the road management authority in relation to the defendant's business.

2. The prosecutor of the judgment applied Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005) to the facts charged in the instant case. Article 86 of the above Act provides that "if an agent, employee or other employee 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 shall also be imposed on the corporation."

3. According to the conclusion, 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