The defendant shall be innocent.

1. On May 9, 2003, at around 01:39 on May 9, 2003, the Defendant’s employees C violated the Defendant’s vehicle operation restrictions by driving the D vehicle loaded with 11.3 tons on the 2 axis in front of the Seoul metropolitan business office at a point of 361.5km.

2. The prosecutor examined the judgment of the court below, applying Article 86 and Article 83 (1) 2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) to the facts charged in this case, and the Constitutional Court ruled in Article 86 that "where an agent, employee or other employee of a corporation commits an offense under Article 83 (1) 2 with respect to the corporation's business, the corporation shall also be punished by a fine under the relevant Article," which is the provision that "if the agent, employee or other employee of the corporation commits an offense under Article 83 (1) 2 with respect to the corporation's business, the corporation shall be punished by a fine under the relevant Article," which is a violation of the Constitution (the Constitutional Court Order 2010Hun-Ga38 of Oct. 28, 2010).

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.