The defendant shall be innocent.

1. On February 18, 2005, around 06:25, A, an employee of the Defendant in the facts charged of the instant case, operated the freight loaded with B, at least 11.35 tons and 11.79 tons on B, at the front of the 26.9 kilometer at the center of the horizontal business office located outside the Seoul metropolitan circulation road, and violated the road management authority’s restriction on vehicle operation for the Defendant’s business.

2. Of the applicable provisions of the facts charged in this case, Article 86 of the former Road Act, which is a joint penal provision, "where an employee of a corporation commits an offense provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation." The Constitutional Court rendered a judgment of unconstitutionality that the pertinent provision of the Act is unconstitutional, such as Supreme Court Decision 2010HunGa14 Decided October 28, 2010, and accordingly, the aforementioned provision of the Act

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.