The defendant shall be innocent.

The summary of the facts charged in this case is that the defendant's employee B operated a C truck with freight loaded with freight exceeding 1.65 tons with a limited weight exceeding 1.65 tons at the front of the Seoul Metropolitan Government Office, around 03:34 on December 11, 2007, and thus, the defendant's employee B violated the restriction on the operation of the vehicle by the road management authority.

However, in 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), which is the applicable provisions to the facts charged in this case, the phrase "where an agent, employee, or other employee of a corporation commits an act of violation under Article 83 (1) 2 in connection with the corporation's business, the corporation shall be fined under the corresponding provision of Article 83 (1) 2 shall also be fined." The Constitutional Court Order 2008HunGa17 decided July 30, 2009 and the proviso of Article 47 (2) of the Constitutional Court Act retroactively lost its effect.

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.