The defendant shall be innocent.

1. On December 29, 1997, at around 12:58, the Defendant’s employees A, with respect to the Defendant’s duties, loaded freight of 11.3 tons and 10.6 tons of freight vehicles at the third axis of the B truck vehicle at the Man-gun, Man-gun, Man-gun, Man-si, Man-si, Man-si, Man-si, Man-si, and operated the vehicle without exceeding 10 tons of the limited axis.

2. The part of Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993 and amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the facts charged in this case, that "where 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, a fine under the relevant Article shall also be imposed on the corporation," which is retroactively invalidated in accordance with the Constitutional Court Order 2010Hun-Ga38 of Oct. 28, 2010 and Article 47 (3) of the Constitutional Court Act.

In addition, where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provision shall be deemed to be a crime.

Thus, since the facts charged in this case constitute a crime, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.