The defendant shall be innocent.

1. On August 8, 2006, A, an employee of the Defendant, committed a violation of the restriction on the operation of a vehicle by a road management authority by driving the freight of 4.21m high height exceeding 4.2m high-speed truck owned by the Defendant on an expressway at a point of 32.2 km from the end point of 32.2 km in the Seoul, the end point of the Seoul, the end point of the 19:16 Sinung-Yan, the coefficient of Sinung-dong, in the case of Sinung-si, at the end of the 32.

2. The prosecutor charged a public prosecution by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and amended by Act No. 8976 of Mar. 21, 2008) to the above facts charged.

On July 30, 2009, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an act of violating the provisions of Article 83 (1) 2 in connection with the corporation's business, Article 86 of the former Road Act shall be fined in accordance with the Constitution" and the above part of Article 86 of the former Road Act shall retroactively lose its effect in accordance with the proviso of 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, is acquitted under the former part of Article 325 of the Criminal Procedure Act.