The defendant shall be innocent.

1. Around September 17, 2002, when the Defendant, an employee of the Defendant, operates a B truck with respect to the Defendant’s business, the Defendant, on September 11, 2002, placed more feed of 11.1 ton on the front side of the said vehicle at the Korea Highway Corporation, a branch of the Seoul Urban Highway 32.2 KNND 32.2 KND 32.00.

[2013 Highest 303] When the Defendant, an employee of the Defendant, operates a D truck with regard to the Defendant’s business, the Defendant violated the restriction on operation issued by the road management authority by loading more than 1.18 tons on the 3 nives of the said nives of the said nives of the said nives of the nives of the nives of the nives of the nives of the nives of the nives of the nives of the nives of the nives of the nives of the 19.8 kilometers of the nives of the nives of the nives of the nives of the 11.18 tons of the nives

2. As to Article 86 and Article 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), which is the applicable provisions to each of the facts charged in this case, the Constitutional Court rendered a decision that "where an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 with respect to the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," in Article 86 of the former Road Act, "where the agent, employee, or other worker of the corporation commits a violation under Article 83 (1) 2, the relevant provision of the same Act shall also be retroactively null and void."

Thus, since each of the facts charged in this case constitutes a case that does not constitute a crime, it shall be acquitted under the former part of Article 325 of the Criminal Procedure Act.