The defendant shall be innocent.

1. The summary of the facts charged is the B truck driver who belongs to the defendant, and the defendant is a corporation with the purpose of trucking transport business, etc.

A around December 10, 2003, around 15:40 on December 10, 2003, around 6.5 km from the starting point of the Cheongdok Road, other than Seoul, for a truck, operated the truck in excess of 10 tons from the restricted axis to the above truck on the road, and in excess of 11.11 tons from the 4 axis, thereby violating the restriction on the operation of the vehicle of the road management agency. The Defendant, an employee, committed such a violation as above.

2. The prosecutor of the judgment applied Articles 86 and 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) to the above facts charged, and the defendant was notified of the summary order subject to review and confirmed.

In this regard, after the above summary order has become final and conclusive, when an agent, employee or other worker of a corporation commits an offense under Article 83 (1) 2 with respect to the business of the corporation, Article 86 of the above Act shall be punished by a fine under the corresponding Article.

“The part “” was retroactively invalidated by the Constitutional Court Decision 14,15,21, 27, 35, 38, 44, 70 (merger) rendered on October 28, 2010 by the Constitutional Court.

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant shall be acquitted under the former part of Article 325 of the Criminal Procedure Act, but the defendant shall not be disclosed as he does not want