The defendant shall be innocent.

1. The summary of the facts charged is as follows: (a) the Defendant is the owner of a freight truck; (b) around 15:17 on May 9, 2007, B, the Defendant’s employee, was in violation of the traffic restriction regulations by operating the vehicle in three meters wide, even though it is a road with a minimum weight of 10 tons, total weight of 40 tons, width of 2.5m, height of 4.2m, length of 16.7m or more; and (c) the Defendant’s employee was in violation of the traffic restriction regulations.

2. As to Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and wholly amended by Act No. 8976 of Mar. 21, 2008), among the applicable provisions of the Act concerning the facts charged in this case, Article 86 of the former Road Act (wholly amended by Act No. 8976 of Mar. 21, 2008), the Constitutional Court rendered a decision that "where an agent, employee, or other employee of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall be imposed on the corporation shall be imposed on the corporation in violation of the Constitution." Accordingly, this part shall retroactively lose its effect.

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.