The defendant shall be innocent.

1. On April 26, 2005, at around 11:22, the Defendant, as the owner of a freight truck, had his employee B, operate the said vehicle on the road of the Dolsan National Highway 6th line of the Gyeonggi Pyeong-gun, by loading more than 0.44 tons on the 4th axis, and operated the restriction on the height exceeding 0.1 meter.

2. The above facts charged constitute Article 86, Article 83 (1) 2, and Article 54 (1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005; hereinafter the same), but upon the decision of the Constitutional Court, Article 86 of the former Road Act provides that "if an agent, employee, or other worker of a corporation commits an offense as prescribed in Article 83 (1) 2 with respect to the business of the corporation, a fine as prescribed in the corresponding Article shall also be imposed on the corporation, in accordance with the decision of unconstitutionality as to Article 86 of the former Road Act, the above part of Article 86 of the former Road Act retroactively loses its effect.

Thus, 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