The defendant shall be innocent.

1. The summary of the facts charged is as follows: (a) around 07:57 September 3, 1995, the Defendant, an employee B, operated the truck while loaded with freight of 11.1 ton of the 4 livestock, in excess of 10 tons of the restricted axis, on the 385 km along the south Sea Line of Marnan Business Office; (b) around 07:57, the Defendant violated the restriction on the operation of the vehicle by the road management authority.

2. 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) which provides the grounds for the punishment of the instant case, "where an agent, employee, or other employee 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 also be imposed on the corporation, which shall also be imposed on the corporation, shall also be imposed on the corporation," which has lost its effect in accordance with the decision of unconstitutionality of the Constitutional Court (see Constitutional Court Decision 2010Hun-Ga14, 15, 21, 21, 27, 35, 38, 44, 70 (Joint)), and the former part of Article 325 of the Criminal Procedure Act."