The defendant shall be innocent.

1. On January 31, 200, at around 23:14, the Defendant: (a) as the owner of a freight truck; and (b) as an employee of the Defendant, at the Korea Highway Corporation around January 23:14, 200, the Defendant violated the restriction on the vehicle operation of the road management authority by operating the freight loaded with freight exceeding 12.5 tons at the third axis of the said truck at the Korea Highway Corporation in excess of 10 tons of

2. The prosecutor charged a public prosecution 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. 7832 of Dec. 30, 2005) to the facts charged in the instant case.

However, Article 86 of the above Act provides that "if an agent, employee, or other worker of a corporation commits an offense pursuant to Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine pursuant to the corresponding Article," the Constitutional Court shall be punished by a fine pursuant to the corresponding Article."

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.