The defendant shall be innocent.

1. The summary of the facts charged is a corporation aimed at freight trucking services, etc.

On December 10, 2001, 21:45 on December 21, 2001, the Defendant’s employee A violated the restriction on vehicle operation of road management authorities by operating the said truck with rice, kimchi, etc., which is a regular cargo of 11.03t on the 2 axis, in excess of 10t of the limitation 10t out of the limitation axis to the 5t 5t Ka Cargo Truck in front of the 63.5km branch office in the Seoul metropolitan base line.

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.