The defendant shall be innocent.

1. The summary of the facts charged is a corporation for trucking transport business. Around December 28, 200, at around 05:57 on December 28, 200, the Defendant, an employee C, driving a 19 tons truck with D treatment 19 tons of truck with respect to the Defendant’s business, and violated the restriction on vehicle operation by the road management authority, by loading and operating a stone processed product with a small weight exceeding 11.2 tons of stone with a limited weight on the said vehicle at the Gu Ri business office of the Korea Highway Corporation outside Seoul.

2. The Constitutional Court rendered a decision of unconstitutionality on October 28, 2010 that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under Article 83 (1) 2 shall also be imposed on the corporation in violation of the Constitution." Accordingly, 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) applied by the public prosecutor to the facts charged in the case of this case is retroactively invalidated pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

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