The defendant shall be innocent.

1. The summary of the facts charged is as follows: (a) the driver of Samsung Truck, who belongs to the defendant Samsung Truck Co., Ltd., and the driver of Samsung Truck, the defendant Samsung Truck Co., Ltd., is a corporation established for the purpose of trucking transport business, etc.;

A. A, at around 03:49 on July 19, 2005, loaded freight on the above truck and operated a road in front of the Youngcheon-si Office of the Korea Highway located in Yongcheon-si, 52, the above road was restricted by the management agency for the purpose of preserving the road structure and preventing the danger of operation. However, even though the operation of a vehicle exceeding 10 tons of a stable load or gross weight exceeding 40 tons is restricted by the management agency, A violates the above restriction on operation by proceeding under the 12.95 tons of a four stable load;

B. Defendant Samsung Transportation Co., Ltd. committed a violation as described in paragraph (1) with respect to the business of the above Defendant Co., Ltd.

2. The penal provisions applicable to the judgment subject to a retrial have retroactively lost effect according to the Constitutional Court’s decision of unconstitutionality, and thus, the Defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.