The defendant shall be innocent.

1. On July 14, 2006, around 02:54 on July 14, 2006, the Defendant’s employee A, as the driver of B truck, was in violation of the restriction on vehicle operation of the road management authority by loading and operating freight exceeding 40 tons of total weight limit of 5.03 tons at the Gu Riri business office in the direction of the 108-7, Magyeong-dong, Seoul except Seoul.

2. Article 86 and Article 83 (1) 2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and wholly amended by Act No. 8976 of Mar. 21, 2008) which applies to the facts charged in this case, is Article 86 and Article 83 (1) 2 of the same Act. The Constitutional Court rendered a decision that "where an agent, employee or other worker of a corporation commits an offense under Article 83 (1) 2 with respect to the business of the corporation, a fine under the relevant Article shall be imposed on the corporation also be imposed on the corporation in violation of the Constitution (the Constitutional Court Order 2008HunGa17, Jul. 30, 2009). Accordingly, the provision of the above Act retroactively loses its effect pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

Thus, 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.