The defendant shall be innocent.

1. On March 16, 2005, at around 2:52, around 12:52 on March 16, 2005, the Defendant violated the restriction on the operation of vehicles by the road management authority by loading and operating freight exceeding 4.5 tons of the gross weight of D large-scale special truck from 40 tons to 4.5 tons at the rice business office of the Korea Highway Corporation located within the 28 kilometers of Young-dong Highway Incheon Highway.

2. The prosecutor charged the facts charged in this case by applying Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005). The Constitutional Court held in Article 86 of the above Act that "if an employee of a corporation commits a violation under Article 83(1)2 with respect to the corporation's business, the corporation shall be punished by a fine under Article 83(1)2 of the above Act," that "the above provision of the Act, which is a applicable provision of the above facts charged, shall be retroactively invalidated."

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.