The defendant is innocent.

1. On December 3, 2007, at around 18:20 on December 3, 2007, the Defendant, as a corporation employing A treatment 14 tons and driver of a stable knife ship, violated the restrictions on operation by loading and operating freight exceeding 11.19 tons on the roads front of the business establishment of the Korea Highway Corporation, which was located in the Gangseo-gu Busan Metropolitan Government 2 4052, Taedok 2052, on December 3, 2007.

2. The judgment prosecutor applied Article 86 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) to a public prosecution, and the sentence of a fine of KRW 300,000 was finalized by a summary order subject to review.

However, the Constitutional Court Order 2008Hun-Ga17 dated July 30, 2009 ruled that "if an agent, employee, or any other employee of a corporation commits an act in violation of Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the corresponding Article shall also be imposed on the corporation."

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.