The defendant shall be innocent.

1. On December 27, 2001, at around 15:12, 2001, the Defendant, his employee, loaded and operated the freight of more than 11.2 tons on the 4 axis of B vehicles in excess of 10 tons of the limited axis at the center of the National Police Agency of Jung-gu, Incheon National Police Agency for Port-dong, Jung-gu, Incheon, and thus violated the road management authority’s restriction on the operation of vehicles for the Defendant’s business.

2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005) to the facts charged. The Constitutional Court ruled in Article 86 that "where an agent, employee or other worker of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, a fine under the relevant Article shall be imposed on the corporation," that "the relevant provision of a fine under the relevant Article shall be imposed on the corporation," is unconstitutional (the Constitutional Court Order 2010Hun-Ga14,15,21,27, 27, 35, 38, 44, 70 (merger).

Thus, 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.