The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is the user of B who drives a freight truck, and around 0:48 September 4, 2001, the Defendant violated the restriction on the operation of the Defendant’s vehicle by the road management authority in relation to the Defendant’s business by driving the freight of more than 1.2 tons at the third axis at the Hansan Highway located at a point of 25.5 kilometers from the Hansan Highway 25.5 kilometers.

2. As to Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005, hereinafter the same), which is a joint penal provision among the applicable provisions of the facts charged in this case, the Constitutional Court rendered a decision that "where an agent, employee or other employee of a corporation commits a violation under Article 83 (1) 2 of the Act, with respect to the business of the corporation, pursuant to Article 86 of the former Road Act (amended by Act No. 7832 of Oct. 28, 2010) applied in this case by the decision of Oct. 28, 2010, Article 86 of the former Road Act (amended by Act No. 832 of Oct. 28, 2010, the pertinent provision of the same Act,

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