The defendant is innocent.

1. Around December 03, 1998, the Defendant violated the restriction on the operation of vehicles of the road management agency by loading and operating freight exceeding 10 tons of B 15 tons of the Defendant’s work, in excess of 10 tons of the limitation axis, on the roads of the Gun branch office located 19.8km in the direction of Incheon coast Highway, the 19.8km Branch Office of the Korea Highway Corporation, a Gun branch office, and A, an employee of the Defendant, at the location of the Defendant’s work.

2. The Constitutional Court rendered a decision on October 28, 2010 Hun-Ga14, 15, 21, 27, 35, 38, 44, and 70 (merger) that applied the facts charged in this case by a public prosecutor (amended by Act No. 4920 of Jan. 5, 1995, and before it was amended by Act No. 7832 of Dec. 30, 2005) that "where an agent, employee or other employee of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, the portion of the fine under Article 83 (1) 2 shall also be imposed on the corporation, and thereby the part of the above legal provision shall retroactively lose its effect pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

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.