The defendant shall be innocent.

1. On August 8, 1997, at around 04:57, the Defendant’s employee of the facts charged: (a) on the front side of the Suwon Highway located at the point of 31.5 km along the Gyeong-do Highway, the 31.5 km of the Gyeong-do Highway on August 8, 1997, the Defendant’s employees carried and operated the freight exceeding 10.8 tons in excess of 10 tons under statutory limitation; and (b) on October 28, 1997, at a point of 64.5 km along the Hasan Expressway Highway at the 64.5 km of the Hansan Highway, the Defendant’s employees violated the road management authority’s vehicle by carrying and operating the freight exceeding 10.5 tons in excess of the 10 tons of the 19.5 tons under statutory limitation under the 2 axis of the said Ka-do truck.

2. The prosecutor brought a public prosecution against the above charged facts 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).

On October 28, 2010, the Constitutional Court rendered a decision that "if an agent, employee or other worker of a corporation commits an act of violation pursuant to Article 83 (1) 2 in connection with the business of the corporation, a fine pursuant to the provisions of Article 83 (2) of the former Road Act shall also be imposed on the corporation in violation of the Constitution" in Article 86 of the former Road Act and Article 47 (2) of the Constitutional Court Act retroactively lost its effect pursuant to the proviso of Article 86 of the former Road Act.

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.