The defendant shall be innocent.

1. A, an employee of the Defendant, was in violation of the Defendant’s employees restrictions on vehicle operation of the road management authority by operating B cargo vehicles for the Defendant’s business on December 21, 2007, at around 17:06, 17:06, in order to operate the Defendant’s business with a gross weight exceeding 40 tons at the front of the Gwangju Highway Corporation’s business office, at a point of 89.5km in the south-west-gun-gun, Jeonsung-gun, Jeonsung-gun, Seoul, and 45.13 tons.

2. As to 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), the Constitutional Court rendered a decision of July 30, 2009 that "where an agent, employee or other worker of a corporation commits a violation provided for in Article 83 (1) 2 in connection with the corporation's business, the corporation shall be punished by a fine provided for in the relevant Article," among the applicable provisions to the facts charged in this case, the part of the above legal provision, which is applicable provisions to the facts charged in this case, was retroactively invalidated pursuant to 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, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.