The defendant shall be innocent.

1. Around October 22, 1998, the Defendant violated the restriction on the operation of vehicles by the road management authority by loading and operating the freight exceeding the restriction width of the DNA freight vehicles owned by the Defendant in relation to the Defendant’s business at the Bupyeong-do Office for Inspection of Control of Car Operation-Restricted Vehicles with 1 line located on the Gal National Road of Pyeongtaek-do, Dol-do, Dol-do, Dol-do.

2. The Constitutional Court rendered a decision of unconstitutionality on October 28, 2010 that "if 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 Article 83 (1) 2 shall also be imposed on the corporation in violation of the Constitution." Accordingly, Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) applied by the public prosecutor to the facts charged in the case of this case is retroactively invalidated pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

Thus, the facts charged in this case constitute a crime, and thus, is not guilty under the former part of Article 325 of the Criminal Procedure Act.