The defendant shall be innocent.

1. Summary of the facts charged in this case

A. On May 29, 2004, the Defendant violated the restriction on the vehicle operation of the road management authority by loading and operating the freight exceeding the limited storage weight of BF vehicles owned by the Defendant in relation to the Defendant’s business at the 21:09 main office of the central line of 7.4km.

B. On June 2, 2004, around 22:34, the Defendant violated the restrictions on vehicle operation of road management authorities by loading and operating freight exceeding the total weight of BF vehicles owned by the Defendant in relation to the Defendant’s business at the 22:4km branch office of the central line of 7.4km.

2. The Constitutional Court rendered a decision of unconstitutionality on October 28, 2010 that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under Article 83 (1) 2 shall also be imposed on the corporation in violation of the Constitution." Accordingly, Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) applied by the public prosecutor to the facts charged in the case of this case is retroactively invalidated pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

Thus, the facts charged in this case constitute a crime, and thus, is not guilty under the former part of Article 325 of the Criminal Procedure Act.