The defendant shall be innocent.

1. Around September 15:16, 2002, the Defendant, as his employee, violated the restriction on vehicle operation of a road management authority by operating a C freight vehicle with freight of 12.35 tons and 12.30 tons on the 3 dys, 12.60 tons, and 12.60 tons on the 4 dys, in excess of 10 tons of the restriction on vehicle operation on the 21st line on the 21st line of the national highway located in Asan-si, Asan-si.

2. The prosecutor brought a public prosecution against the above charged facts by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 8976 of Mar. 21, 2008).

However, in Article 86 of the Road Act, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of an individual commits an offense provided for in Article 83 (1) 2 in connection with the duties of the individual, the individual shall be punished by a fine provided for in the corresponding Article in the Constitution (the Constitutional Court Order 2010Hun-Ga23, 24, 36, 39, 47, 50 (merged) on October 28, 201) that "if the individual commits an offense under Article 83 (1) 2 in connection with the duties of the individual, the portion of the pertinent provision, which is applicable mutatis mutandis to

3. If so, the above facts charged constitute a crime and thus, a judgment of not guilty is rendered in accordance with the former part of Article 325 of the Criminal Procedure Act.