The defendant shall be innocent.

1. On April 5, 2002, around 08:48, 200, I, an employee of the Defendant, committed a violation of the restriction on the operation of the vehicle by the road management authority by loading and operating the J vehicle with gross weight exceeding 40 tons of gross weight of 46.1 ton of gross weight exceeding 10 ton of gross weight in front of the bypassing of the Man-dong-dong, Incheon, Dong-gu, Incheon.

2. The prosecutor brought a public prosecution against the above charged facts by applying 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 charged facts.

On October 28, 2010, the Constitutional Court rendered a decision that "if an agent, employee or other worker of a corporation commits an act of violation pursuant to Article 83 (1) 2 in connection with the business of the corporation, a fine pursuant to the provisions of Article 83 (2) of the former Road Act shall also be imposed on the corporation in violation of the Constitution" in Article 86 of the former Road Act and Article 47 (2) of the Constitutional Court Act retroactively lost its effect pursuant to the proviso of Article 86 of the former Road Act.

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.