The defendant shall be innocent.

1. On August 10, 2005, at around 18:28, A, an employee of the Defendant, operated the Defendant’s vehicle B with freight exceeding 11.87 tons on the roads of the Korea Highway Corporation at the point 12.9km in the direction of the Southern Sea Highway, and violated the restriction on the operation of the vehicle by the road management authority, by operating the vehicle B with freight exceeding 10 tons from the limitation 11.87 tons.

2. 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), which is a joint penal provision among the applicable provisions to the facts charged in this case, the Constitutional Court rendered a decision on Oct. 28, 2010 that "where an agent, employee or other employee of a corporation commits a violation under Article 83 (1) 2 in connection with the corporation's business, the corporation shall be punished by a fine under Article 83 (1) 2 of the Act shall also be punished by the Constitution, and the part of the above Article 47 (2) of the Constitutional Court Act (amended by Act No. 7832 of Oct. 28, 2010) shall retroactively lose its effect pursuant to the proviso to Article 47 (2) of the Constitutional Court Act.

3. In conclusion, 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.