The defendant shall be innocent.

1. Around 06:20 on October 21, 1995, the Defendant violated the restriction on the operation of vehicles by the road management authority in relation to the Defendant’s business by loading and operating freight exceeding 11.1 ton of a 10 ton of a DNA freight vehicle owned by the Defendant, at a 20.4km km 20km along the Gyeong Highway, which is the Defendant’s employee.

2. The Constitutional Court rendered a decision of unconstitutionality on the portion 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, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the corresponding Article 47 (2) of the Constitutional Court Act." This portion of Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 2, 2005) applied to the facts charged in the instant case by a public prosecutor. 2010Hun-Ga14, 15, 21, 27, 35, 38, 444, 70 (merger)."

3. According to the conclusion, the facts charged in this case constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.