The defendant shall be innocent.

1. At around 02:00 on Jan. 21, 1997, C, an employee of the Defendant, driven a 1.2 ton of 11.2 ton of knex from Pocheon to 3 11.2 ton of knex at a gular highway Lane business office around 02:00 on the Defendant’s business.

2. The prosecutor of the judgment applied 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) to the facts charged in the instant case, but the Constitutional Court rendered a decision on Oct. 28, 2010 (amended by Act No. 2014, Oct. 14, 15, 2010; 21, 27, 35, 38, 34, and 70 (merged) of the former Road Act (amended by Act No. 832 of Oct. 28, 2010) that "where an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the relevant provisions of Article 8

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.