The defendant shall be innocent.

1. On October 30, 2006, around 16:30 on October 30, 2006, A, an employee of the Defendant in the facts charged of the instant case, operated B car truck with gross weight of 37.65 tons on the Dobong-dong, Dobong-gu Seoul Metropolitan Government, and violated the road management authority’s restriction on the operation of the Defendant’s vehicle.

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 Article 2008Hun-Ga17 decided July 30, 2009 is against the Constitution. Accordingly, the pertinent provision of the Act retroactively lost its effect.

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.