The defendant shall be innocent.

1. On June 15, 2002, at around 13:50 on June 15, 2002, the Defendant, his employee, operated the freight in excess of 10 tons of the limited axis to the freight truck at the 615 line 6.15 line Do road construction office, Hongsung branch, red branch, fixed-type vehicle control inspection room located in Chungcheongnam-do, and thereby violated the road management authority’s restriction on vehicle operation of the Defendant’s business as to the Defendant’s business.

2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005) to the facts charged. The Constitutional Court ruled in Article 86 that "where an agent, employee or other worker 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," that "the relevant provision of a fine under the relevant Article shall be imposed on the corporation," is unconstitutional (the Constitutional Court Order 2010Hun-Ga14,15,21,27, 27, 35, 38, 44, 70 (merger).

Thus, the facts charged in 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.

It is so decided as per Disposition for the above reasons.