The defendant shall be innocent.

1. Facts charged;

A. On October 21, 199, at around 00:18, the Defendant’s employees violated the restriction on vehicle operation of a road management agency by operating the 11.1t rice loaded in a state exceeding 10% of the restriction on the weight loading of D freight vehicles owned by the Defendant on the front of the Gyeongnam Highway branch of the 119km branch office of the Korea Highway Corporation in front of the front Eup branch office.

B. Around November 7, 1999, the Defendant’s employee C, around 03:35, at a point 205.5 km branch office of the Korea Highway Corporation, which is located on the roads of the Defendant, violated the restriction on vehicle operation of the road management agency by operating the 11.7t news block in a state of loading more than 10t of weight on three parts of D freight vehicles owned by the Defendant on the roads of the Yellow Highway Corporation.

2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005) to each of the above facts charged by the public prosecutor. The Constitutional Court ruled in Article 86 that "where an agent, employee or other worker of a corporation commits a violation under Article 83(1)2 with respect to the business of the corporation, a fine under the relevant Article shall be imposed on the corporation," which is a violation of the Constitution (the Constitutional Court Order 2010Hun-Ga14, 15, 21, 21, 27, 35, 38, 44, 70 (combined)."

3. In conclusion, each of the facts charged in the instant case constitutes a crime and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.