The defendant shall be innocent.

1. The summary of the facts charged is a legal entity that aims at trucking transport business. Around November 19:57, 200, the Defendant, an employee of C, driving a D Truck with respect to the Defendant’s business and operated a 260 local highway 312 tons of the king-si, king-si, Yang-si, Yang-si, and violated the restrictions on the operation of vehicles by carrying more than 11.2 tons of the 10 tons of the restricted axis and operating the 10 tons of the 1st local highway.

2. The Constitutional Court rendered a decision of unconstitutionality on October 28, 2010 that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under Article 83 (1) 2 shall also be imposed on the corporation in violation of the Constitution." Accordingly, 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) applied by the public prosecutor to the facts charged in the case of this case is retroactively invalidated pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

Thus, the facts charged in this case constitute a crime, and thus, is not guilty under the former part of Article 325 of the Criminal Procedure Act.