The defendant shall be innocent.

1. On March 24, 2007, around 12:59, 196-10, the Defendant’s employee, was in violation of the restriction on vehicle operation of the road management authority by loading and operating heavy equipment more than 44.32 tons at the Korea Highway Corporation located in Sungnam-si, Sungnam-si, Sungnam-si, Seoul Metropolitan City, in excess of a total weight of 40 tons.

2. The prosecutor charged a public prosecution 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 facts charged.

On July 30, 2009, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an act of violating the provisions of Article 83 (1) 2 in connection with the corporation's business, Article 86 of the former Road Act shall be fined in accordance with the Constitution" and the above part of Article 86 of the former Road Act shall retroactively lose its effect in accordance with the proviso of Article 47 (2) of the Constitutional Court 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.