The defendant shall be innocent.

1. On November 27, 2007, at around 09:39, the summary of the facts charged in the instant case, A, an employee of the Defendant, was in violation of the road management authority’s restriction on vehicle operation by operating more than 10 tons of freight of 11.29 tons on the road in front of the Gwangju Highway Corporation.

2. As to Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and amended by Act No. 8976 of Mar. 21, 2008), the Constitutional Court rendered a decision of July 30, 2009 that "where an agent, employee or other worker of a corporation commits a violation provided for in Article 83 (1) 2 in connection with the corporation's business, the corporation shall be punished by a fine provided for in the relevant Article," among the applicable provisions to the facts charged in this case, the part of the above legal provision, which is applicable provisions to the facts charged in this case, was retroactively invalidated pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

3. In conclusion, 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.