The defendant shall be innocent.

Summary of Facts charged

A. On October 23, 2005, the Defendant was a person who is engaged in transportation business as the owner of a freight truck, and around 21:05 on October 23, 2005, the Defendant violated the restrictions on the operation of vehicles by loading freight of 11.8 tons and loading a limited weight of 10 tons exceeding 1.8 tons while operating the said truck with respect to the Defendant’s business.

B. On July 12, 2007, around 22:48, the Defendant was a person who is engaged in transportation business as the owner of a car truck. On July 12, 2007, the Defendant violated the restrictions on the operation of the vehicle of the road management authority by loading freight of 44.6 tons and operating the 40 tons of gross weight exceeding 4.6 tons by loading and operating the 40 tons of the 4.6 tons in excess of the total weight limit while driving the car with respect to the Defendant’s business at the point of 5.1km-gu, Seoul, Manam-gu, Seoul, Manam-si,

Judgment

A. Of the facts charged in the instant case

As to section 86 and section 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), among the facts charged of this case

As to the provision of the Road Act (amended by Act No. 7832 of Dec. 30, 2005, and amended by Act No. 8976 of Mar. 21, 2008), a public prosecution was instituted by applying Articles 86 and 83(1)2 of the former Road Act, and the above summary order was notified to the defendant and finalized.

Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and amended by Act No. 8976 of Mar. 21, 2008) provides that "When an agent, employee or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, the Constitutional Court shall also be punished by a fine under the corresponding Article."