The defendant shall be innocent.

1. The summary of the facts charged is that at around 15:52 on Nov. 1, 2004, the Defendant, an employee of B, loaded and operated freight exceeding 10.22 tons of 11.22 tons of the limited storage at the 61 kilometer located at the 61 kilometer Incheon Highway, Young-dong Highway, Incheon, and violated the road management authority’s vehicle operation restriction.

2. The prosecutor charged the facts charged in this case by applying Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005). The Constitutional Court held in Article 86 of the same Act that "if an employee of a corporation commits an offense under Article 83(1)2 with respect to the corporation's business, a fine under the relevant Article shall also be imposed on the corporation," which is a violation of the Constitution (the Constitutional Court Order 2010Hun-Ga38, Oct. 28, 2010). Accordingly, the above provision of the Act, which is a applicable provision of the facts charged in this case, was retroactively invalidated.

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.