The defendant is innocent.

1. On January 4, 2006, around 21:28, the Defendant: (a) operated the said vehicle while loaded with freight of 11.07 tons during the 2 axiss in excess of 10 tons on the roads in front of the Seoul Busan Busan Highway, and thus 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. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008), which applies to the facts charged in the instant case, is Article 86 and Article 83 (2) of the same Act. 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 Article shall be imposed on the corporation, even if such a violation is committed" in Article 86 of the same Act (Article 83 (1) 2 of the Constitutional Court Order 2008HunGa17 of Jul. 30, 2009) that applies to the facts charged in the instant case, and thus, the above provision of the Act retroactively loses its effect in accordance with the proviso to

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.