The defendant shall be innocent.

1. On January 11, 2007, the Defendant, as an employee, operated a vehicle in a state loaded with D Cargo at the 3 axis and committed a violation of Article 11.08 tons of cargo exceeding 10 tons of the limit 10 tons in D Cargo at the 57-1 location in the two places of business in the Republic of Korea, where the wife population is 09:3,00,000,000,000,000,000,000.

2. The prosecutor of the judgment applied Articles 86 and 83 (1) 2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005; hereinafter the same) to the above facts charged. The Constitutional Court held that the agent, employee or other worker of the corporation committed a violation under Article 83 (1) 2 of the above Act in Article 86 of the above Act.

“The part “” was determined to be in violation of the Constitution (Supreme Court Order 2010Hun-Ga38 Decided October 28, 2010), and thus, the said provision of the Act was retroactively invalidated.

3. In conclusion, the facts charged of this case constitute a case that does not constitute a crime, and thus, it is so decided as per Disposition by deciding not guilty under the former part of Article 325 of the Criminal Procedure Act.