The defendant shall be innocent.

1. On August 23, 2007, the Defendant: (a) around 14:41 on the road of the Korea Highway Corporation located in the 108-7 Magyeong-dong Seoul Metropolitan Area, which was the employee of the Defendant, operated B car truck under the Defendant’s ownership, with a total weight exceeding 40 tons of the Defendant’s business, in total weight exceeding 44.01 tons.

2. The above facts charged fall under Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 8976 of Mar. 21, 2008). However, according to the decision of the Constitutional Court, the above part of Article 86 of the former Road Act, "where an agent, employee, or other worker of a corporation commits a violation provided for in Article 83(1)2 with respect to the business of the corporation, a fine provided for in the corresponding Article shall be imposed on the corporation in accordance with the decision of unconstitutionality as to Article 86 of the former Road Act, was retroactively invalidated.

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