The defendant shall be innocent.

1. On June 15, 2004, at around 10:48, the Defendant violated the restriction on the operation of vehicles by road management authorities on the ground that: (a) while the Defendant’s employee was operating a freight vehicle owned by the Defendant in relation to his/her duties, he/she failed to comply with the request of the road management authorities for the measurement of the load amount; and (b) the Defendant violated the restriction on the operation of vehicles by road management authorities without justifiable grounds.

2. 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), which is the applicable provisions of the facts charged in the instant case, provides that "where an agent, employee or other worker of a corporation commits a violation provided for in Article 83 (1) 3 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation." The Constitutional Court Decision 2011Hun-Ga20 decided Dec. 29, 201 became retroactively null and void due to the decision of unconstitutionality on Dec. 29, 201.

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