The defendant shall be innocent.

1. The summary of the facts charged is a corporation with the purpose of trucking transport business, etc., and A is a driver of B truck owned by the Defendant.

At around 09:44 on May 26, 2004, A, an employee of the defendant, operated the truck in excess of 44.27 tons with gross weight exceeding 40 tons at the Ulsan Highway Corporation located in Ulsan Highway, and violated the restrictions on vehicle operation by the road management authority.

2. The prosecutor charged the facts charged in this case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), but Article 86 of the former Road Act (amended by Act No. 832 of Dec. 30, 2005) provides that "where an agent, employee or other worker of a corporation commits a violation provided for in Article 83(1)2 of the Act, a fine provided for in the relevant Article shall be imposed on the corporation as well as a fine for negligence provided for in the relevant Article shall be imposed on the corporation on Oct. 28, 2010." This provision is retroactively invalidated pursuant to the proviso to Article 47(2) of the Constitutional Court Act.

Thus, since the facts charged in this case constitute a case that does not constitute a crime, it is so decided as per Disposition by deciding not guilty of the defendant under the former part of Article 325 of the Criminal Procedure Act.