The defendant shall be innocent.

1. On December 20, 199, at around 13:55 on December 13:13, 1999, the Defendant violated the restriction on the vehicle operation of the road management authority by having F carry the freight of 11.5 tons in excess of 1.5 tons on the third axis of the freight vehicle, which is owned by the Defendant, loaded at the front of the G 40 tons in front of the freight station located in the coast Diplomatic Highway 71.4 km at the coast Down branch office located in the 71.4 km branch office of the Korea Highway Corporation.

2. The above facts charged fall under Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005). However, according to the decision of the Constitutional Court, the above part of Article 86 of the former Road Act, "where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 with respect to the business of the corporation, a fine under the relevant Article shall be imposed on the corporation, as well as the corporation, shall be imposed retroactively according to the decision of unconstitutionality of Article 86 of the former Road Act."

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