The defendant shall be innocent.

1. The summary of the facts charged is a legal entity that aims at trucking transport business, and the employee A operated B truck with respect to the Defendant’s business and operated 24.5 km points on the midway Highway from the ndroon to the Gwangju bank on January 5, 199, and operated 11.1 metric tons of more than 10 tons on the restricted axis, thereby violating the road management authority’s restriction on vehicle 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.