The defendant shall be innocent.

1. The summary of the facts charged in the instant case is the driver of BJ Ra.

A on December 12, 2002, around 23:06, at the 23:06 Kimhae-si, the large size of the above vehicle was 44.69 tons more than 40 tons and more than 44.69 tons of the total weight of the above vehicle at the 234-2 business office of the construction of the large-scale road in Korea. It violated the restriction on the operation of the road management agency.

Accordingly, A, an employee of the defendant, committed such a violation in relation to the defendant's business.

2. The judgment prosecutor shall apply Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and by Act No. 7832 of Dec. 30, 2005) to a summary order subject to review and the punishment of a fine of KRW 1,00,00 is confirmed as a summary order subject to review. However, if an agent, employee or other worker of a corporation commits a violation of Article 83(1)2 in Article 86 of the above Act, the corporation shall also be punished by a fine under the corresponding Article.

“The portion of the Constitutional Court Decision 2010Hun-Ga decided October 28, 2010, retroactively invalidated by the 38th decision of the Constitutional Court.

Therefore, the facts charged of 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.