The defendant shall be innocent.

1. A summary of the facts charged is a legal entity that aims at trucking transport business. Around November 12:37, 2005, the Defendant, an employee of B, driving a C truck with respect to the Defendant’s business, violated the restriction on vehicle operation of the road management authority by loading and operating the freight of 1.16 tons and 11.26 tons at the third axis, in excess of 10 tons from the limitation 10 tons at the Gu Ri business office at a point other than Seoul Metropolitan Area Highway 26.9km from the 26.9km branch.

2. The Constitutional Court rendered a decision of unconstitutionality on October 28, 2010 that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under Article 83 (1) 2 shall also be imposed on the corporation in violation of the Constitution." Accordingly, 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) applied by the public prosecutor to the facts charged in the case of this case is retroactively invalidated pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

Thus, the facts charged in this case constitute a crime, and thus, is not guilty under the former part of Article 325 of the Criminal Procedure Act.