The defendant shall be innocent.

1. On January 23, 1998, the Defendant, the user of the Defendant, loaded the air purifier at 3.2 meters wide of more than 2.5 meters, which is the restriction on operation, on the D5 tons of car trucks, and operated the said vehicle, thereby violating the restriction on operation of the vehicle of the road management agency.

2. The Constitutional Court Decision 2010Hun-Ga decided October 28, 2010 14, 15, 21, 27, 35, 38, 44, 70 (Consolidation) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and amended by Act No. 7832 of Dec. 30, 2005) stated in Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005), where an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the relevant Article.

“ Inasmuch as the Constitutional Court rendered a decision of unconstitutionality on the part, the said provision of the law became retroactively null and void pursuant to the proviso of Article 47(2) of the Constitutional Court Act.

3. According to the conclusion, the facts charged in the instant case constitute a crime, and thus, acquitted under the former part of Article 325 of the Criminal Procedure Act.