The defendant shall be innocent.

1. The Defendant is a corporation that owns A truck with a corporate body established for the purpose of cargo transportation services, etc.

Around 14:00 on September 22, 200 with respect to the Defendant’s service, Defendant’s employee B loaded red stones on the freight truck and operated along the 34 line of the national highways with the 34 line on the 14 line, the budget station located in Asan-si, Asan-si, in order to preserve the road’s structure and prevent the risks of operation, also violated the regulation on restricted vehicles by operating the freight truck more than 10t gross weight of more than 44.6t with gross weight of more than 4.6t in order to prevent the risks of operation.

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.