The defendant shall be innocent.

1. The defendant is a legal entity that carries out cargo transportation services, etc., and an employee A is his/her employee;

A. On October 11, 2004, around 11:27, the Korea Highway Corporation located at a point of 284.9 kilometers in the west coast Highway, which is located at the 284.9 kilometer, operated a steel plate and 14.37 tons in the 2 axis in excess of 10 tons in a stable, on the 2 axis;

B. Around 15:07 on the same day, the Korea Highway Corporation located at a point of 332 kilometers in Busan in the Busan metropolitan direction, which violated the restrictions on the operation of vehicles by the road management authority, by operating the said vehicle with a steel plate of more than 14.20 tons loaded on the 2 axis in excess of 10 tons in the 10th load.

2. On October 28, 2010, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall be imposed on the corporation, even if the corporation, in accordance with the proviso of Article 47 (2) of the Constitutional Court Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005)" in Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005), the portion of the above legal provision shall be retroactively null and void pursuant to the proviso of Article 47

However, the prosecutor prosecuted the above facts charged by applying the above provision of the law.

Therefore, since the above facts charged constitute a crime, it is judged not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act.