The defendant is innocent.

1. The Defendant, as a juristic person employing A25 MoBCT Track drivers, violated the restrictions on operation by loading and operating freight such as click pole (a cement pole in an apartment parking lot) at least 11.04 metric tons on the front of the Korean Road Construction Seogu Office at a point of 28.5 km in the vicinity of the Kumast Line, on February 15, 2007, at a point of 04:33, 2007, at a point of 28.5 km near the Kugu Office of Business.

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.