The defendant shall be innocent.

1. On August 23, 2003, around 11:45, the Defendant, an employee of the Defendant, loaded freight at a point 28.4 km in the Southern Sea Highway, which was located at a point 28.4 km on August 23, 2003, with a total weight exceeding 45 tons, and operated C freight vehicles, thereby violating the restrictions on vehicle operation by the road management authority.

2. As to the facts charged in the instant case, the public prosecutor was prosecuted by applying 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, hereinafter “former Road Act”). However, the Constitutional Court decided on Oct. 28, 2010 on Oct. 14, 15, 215, 21, 27, 35, 38, 44, 70 (merger), and Article 86 of the former Road Act "where an agent, employee, or other employee of a corporation commits a violation under Article 83(1)2 of the same Act with respect to the business of the corporation, the pertinent corporation shall also be punished by a fine under Article 86 of the former Road Act, which becomes retroactively null and void as to Article 86 of the former Road Act."

Therefore, 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

It is so decided as per Disposition for the above reasons.