The defendant shall be innocent.

1. On May 15, 2007, around 06:24 May 15, 2007, the Defendant, an employee of the Defendant, was in violation of the restriction on vehicle operation of the road management authority, by operating the B truck loaded with freight of 11.16 tons exceeding 10 tons of restricted storage weight on the first axis.

2. The prosecutor of the judgment was amended by Act No. 7832 of Dec. 30, 2005 as to the facts charged of this case, and was wholly amended by Act No. 8976 of Mar. 21, 2008.

(a) The same shall apply;

Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 12597, May 2014) provided that “When an agent, employee, or other worker of a corporation commits an offense provided for in Article 83(1)2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation” in Article 86 of the same Act shall be imposed in violation of the Constitution (see Constitutional Court en banc Decision 2008Hun-Ga17, Jul. 30, 2009). The relevant legal provision, which is applicable mutatis mutandis to the instant facts charged, was retroactively invalidated pursuant to the proviso to Article 47(2) of the former Constitutional Court Act (amended by Act No. 12597, May 20, 2014).

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.