The defendant shall be innocent.

1. On February 25, 200, at around 15:44, Feb. 25, 200, the Defendant, as his employee, loaded and operated freight exceeding 11.1 ton of freight exceeding 10 ton of 11.1 ton of freight on the front of the Gwangju metropolitan business office located at a point of 159 km in Seoul along the direction of the Seoul Highway, and violated the road management authority’s restriction on vehicle operation.

2. The prosecutor charged the facts charged in this case by applying Articles 86, 83(1)2, and 54(1) 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). The Constitutional Court held in Article 86 of the above Act that "if an employee of a corporation commits a violation under Article 83(1)2 with respect to the corporation's business, the corporation shall be punished by a fine under Article 83(1)2 of the above Act," that "the above provision of the Act, which is a applicable provision of the above facts charged, shall be retroactively invalidated."

3. In 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.