The defendant shall be innocent.

1. On December 20, 2006, around 05:50 on December 20, 2006, the Defendant, as the owner of B truck, and C, as the Defendant’s employee, violated the restriction on vehicle operation by the road management authority, by operating the said truck loaded with freight of 4.21m height exceeding 4.2m in height.

2. As to the facts charged in this case, the public prosecutor filed a public prosecution by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and amended by Act No. 8976 of Mar. 21, 2008) to the facts charged in this case.

However, Article 86 of the above Act provides that "if an agent, employee or other worker of a corporation commits an act of violating Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article." The Constitutional Court Order 2008Hun-Ga17 dated July 30, 2009, retroactively lost 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.