The defendant shall be innocent.

1. The Defendant, as the owner of freight vehicles A 25 tons of the facts charged in the instant case, operated the said vehicle at the Korea Highway Corporation located in Chuncheon-gun, Chungcheongnam-do, Chungcheongnam-do around November 19, 2003 at around 23:58, when the Defendant, who is an employee of the Defendant, operated the said vehicle in excess of 4.9 tons.

2. Of the applicable provisions of the facts charged in this case, Article 86 of the former Road Act, which is a joint penal provision, "where an employee of a corporation commits a violation provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation." The Constitutional Court rendered a judgment of unconstitutionality that the relevant provision of the Act is unconstitutional, such as Supreme Court Decision 2010Hun-Ga14 Decided October 28, 2010. Accordingly, the aforementioned provision of the Act retroactively invalidated

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.