The defendant shall be innocent.

1. The Defendant is the owner of C vehicle. If D, who is the employee of the Defendant, operated the freight equivalent to 10.68 tons of total weight, 0.68 tons of total weight, 40 tons, 16.7m in length, and 2.5m in width, on March 31, 2007, the Busan Regional Construction and Management Administration violated the restrictions on the operation of national land by operating more than 0.68 tons of total weight, 4.13 tons of weight, and 4.13 tons of total weight, in order to preserve the structure of the road and prevent the danger of the operation, at the inspection room of the vehicles in violation of the restrictions on the operation of the C vehicle located in Jinri on March 31, 2007.

2. The prosecutor charged a public prosecution for the above charged facts by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and amended by Act No. 8976 of Mar. 21, 2008) to the above charged facts.

However, Article 86 of the above Act provides that "if an agent, employee or other worker of a corporation commits an act of violating Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article." The Constitutional Court Order 2008Hun-Ga17 dated July 30, 2009 ruled that the above provision of the law retroactively lost its effect.

3. In conclusion, 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.