The defendant shall be innocent.

1. On February 11, 2001, around 06:15, the Defendant’s employees violated the restriction on vehicle operation of the road management authority in excess of 4 tons, 6 tons, and 40 gross weight (10 tons) by carrying and operating freight vehicles owned by the Defendant in relation to the Defendant’s business in the Northwest-gu Incheon Seo-gu, Incheon, Seo-gu, Incheon, for the purpose of 4:14 tons, 5:16 tons, and 60 tons, respectively.

2. A public prosecutor has instituted a public prosecution by applying Article 86 and Article 83 (1) 2 of the former Road Act (amended by Act No. 8976 of Mar. 21, 2008) to the facts charged in this case. The Constitutional Court rendered a decision that "where an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 with respect to the business of the corporation, a fine under the relevant Article shall be imposed on the corporation," in Article 86 of the above Act, that "the provision of the above Act, which is applicable to the above facts charged, retroactively loses its effect (the Constitutional Court Order 2008HunGa17, Jul. 30, 2009).

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.