The defendant shall be innocent.

1. The Defendant is a corporation that owns B vehicles of this case.

C, a driver of the above vehicle, was restricted to the operation of the vehicle exceeding 40 tons in total weight, 10 tons in a stable, 4 meters in height, 2.5 meters in length, and 16.7 meters in order to preserve the structure of the road and prevent the risks of traffic in the first month of the first month in Gwangju-gun of the national road No. 3, Gyeonggi-do, and thus violated the restriction on operation by weight of 11.5 tons in the 2 axis, while driving the vehicle in Gwangju-do at around 15:40 on October 13, 1998.

Accordingly, the defendant caused C to violate the above restriction on operation by his own business.

2. The prosecutor of the judgment applied Articles 86 and 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 of this case.

However, on October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality as to Article 86 of the above Act that "if an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article." (see Constitutional Court Order 2010Hun-Ga38, Oct. 28, 2010). Accordingly, Article 47 (2) of the former Constitutional Court Act (amended by Act No. 10546, Apr. 5, 201) retroactively lost its effect.

3. In conclusion, the facts charged in this case constitute a crime and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.