The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant, as the owner of B 15t dump truck, the Defendant’s employee, on September 15, 1995, operated the local road of No. 799, which is located in the Cump Eup water system of Sejong-si on September 10, 1995, with respect to the Defendant’s business, from the sump-type room of the sump truck, the Defendant violated the restriction on the operation of the vehicle by loading and operating sand exceeding 10t of 10t of the sump truck on the sump of the said vehicle,

2. The judgment prosecutor instituted a public prosecution on the facts charged of this case by applying Articles 86, 83(1)2 and 54(1) 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 “Act”).

However, in Article 86 of the Act, where an agent, employee, or other servant of a corporation commits an offence provided for in Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine provided for in the corresponding Article in the Act shall also be punished by the Constitutional Court Decision 201Hun-Ga38 Decided October 28, 2010.

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