The defendant shall be innocent.

1. On October 29, 2002, around 12:15, the Defendant violated the restriction on the operation of vehicles by the road management authority in relation to the Defendant’s business by loading and operating the freight of 4.37 tons of the first axis, 10.02 tons of the second axis, 9.25 tons of the third axis, 10.29 tons of the 4.38 tons of the 4 livestock, 10.5 tons of the 4 livestock, 10.29 tons of the 4 livestock, 10.29 tons of the 4 livestock, 10.38 tons of the 4 livestock, and 10.29 tons of the 5 livestock with respect to the Defendant’s business.

2. The Constitutional Court rendered a decision of unconstitutionality on the portion 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, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the corresponding Article 47 (2) of the Constitutional Court Act." This portion of Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 2, 2005) applied to the facts charged in the instant case by a public prosecutor. 2010Hun-Ga14, 15, 21, 27, 35, 38, 444, 70 (merger)."

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