The defendant shall be innocent.

On December 13, 2003, around 21:28, the Defendant, an employee of the Defendant, violated the restriction on the operation of the Defendant’s vehicle by loading a vehicle with a gross weight exceeding 10.52 tons exceeding 10 tons exceeding 10 tons of the restricted weight of 10.52 tons in the public road area patrol station in the 39-ray Sc. Sc. of Agsan National Highway, Agsan-si, Agsan-si, Agsan-si, Agsan-si. 39, at Pg. Ag., Ag. Sinsan-si, the Defendant violated the restriction on the operation of the Defendant’s vehicle by the road management authority regarding the Defendant’s business by operating the vehicle with a gross weight exceeding

However, 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), which is the applicable provisions of the facts charged in this case, "where an agent, employee or other worker of a corporation commits an act of violation 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." The Constitutional Court rendered a decision of unconstitutionality on Oct. 28, 2010 that "the above provision of the Act retroactively lost its effect pursuant to the above decision."

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.