The defendant shall be innocent.

1. On June 14, 2007, at around 12:15, 2007, C, an employee of the Defendant, violated the Defendant’s duty restrictions on vehicle operation of the road management authority by operating a freight vehicle in the status of 11.15 tons in excess of 10 tons of the limitation on the two roads of the Young-dong Expressway Highway Corporation.

2. The prosecutor of the judgment applied Article 86 and Article 83(1)2 of the former Road Act (wholly amended by Act No. 7832 of Dec. 30, 2005 and wholly amended by Act No. 8976 of Mar. 21, 2008; hereinafter “former Road Act”) to the facts charged in the instant case. However, according to the Constitutional Court Decision 2008Hun-Ga17 decided July 30, 2009, Article 86 of the former Road Act "where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 of the Act, the portion that "the fine under the relevant Article shall also be imposed on the corporation is retroactively null and void."

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.