The defendant shall be innocent.

1. On August 25, 2003, around 09:14, the Defendant, an employee of the instant charges, loaded a beer with a total weight exceeding 5.70 tons of 45.70 tons and loaded a beer to a truck on the road at a point of 80 kilometers in Incheon East-dong Highway located in Echeon-si, Gyeonggi-do, at a point of 80 kilometers in East-do, Incheon, a road along which more than 10 tons of vehicles are restricted from driving, and was in violation of the restriction on operation.

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.