The defendant shall be innocent.

1. Around 02:56 August 24, 2005, the summary of the facts charged in the instant case, with the gross weight of 2.33 tons and limited weight exceeding 1.42 tons at the Busan place of business, the Defendant’s employees B operated the C truck owned by the Defendant with the gross weight of 2.33 tons and limited weight exceeding 1.42 tons.

2. Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which applies by the judgment prosecutor to the facts charged of this case, where a representative, employee or other worker of a corporation commits a violation under Article 83 (1) 2 with respect to the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article.

“The portion “” was determined as unconstitutional by the Constitutional Court Decision 2010Hun-Ga, 14, 15, 21, 27, 35, 38, 44, 70 (merger) and thus retroactively lost its effect.

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