The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is the driver of C 15t dump truck vehicle, who is his employee, and operated the said vehicle in excess of 10t of weight 1.9t of weight at the vicinity of the factory site of the Dogri-ri 691, Dogri-ri Dog 691, Dogri-ri Dog, Dog-ri 691 on January 21, 2005 with respect to the Defendant’s duties.

2. The prosecutor charged the above charged facts 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 the same) to the above charged facts.

On October 28, 2010, the Constitutional Court rendered a decision 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 the relevant Article shall also be imposed on the corporation," which is in violation of the Constitution (Article 86 of the former Road Act, the Constitutional Court en banc Order 2010Hun-Ga14, 15, 21, 27, 27, 35, 38, 44, 70 (Merger of Constitutional Court en banc Order 2010Hun-Ga14, 15, 21, 27, 27, 35, 38, 44, 70 (Consolidation) of the same Act)

If so, the facts charged in this case constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.