The defendant is innocent.

1. On December 5, 2007, at around 00:41, the Defendant, as a juristic person employing C Truck driver, violated the restriction on operation by loading freight of 11.78 tons and 11.74 tons on the 3 livestock and operating the said vehicle in excess of 10 tons from the front side of the CF business office, the said employee, at around 0:41, Dec. 5, 2007.

2. The judgment prosecutor applied Article 86 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) to a public prosecution, and the sentence of a fine of KRW 300,000 was finalized by a summary order subject to review.

However, the Constitutional Court Order 2008Hun-Ga17 dated July 30, 2009 ruled that "if an agent, employee, or any other employee of a corporation commits an act in violation of Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the corresponding Article shall also be imposed on the corporation."

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.