The defendant shall be innocent.

1. Around December 14, 1995, the Defendant: (a) around 01:21 on December 14, 1995, the Defendant: (b) operated the said vehicle while laden with freight of KRW 11.2 tons on the 2 axis in excess of 10 tons of the limited storage to D freight vehicles; and (c) violated the road management authority’s restriction on vehicle operation.

2. The Constitutional Court rendered a decision of unconstitutionality as to 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) that applied to the facts charged in this case by a public prosecutor in the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) on Oct. 28, 2010, that "if 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, the corporation shall also be fined under the corresponding Article."

Accordingly, the above provision of the law was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

3. Conclusion, the instant facts charged constitute a crime that is not committed.

Innocence shall be pronounced under the former part of Article 325 of the Criminal Procedure Act.