The defendant is innocent.

1. Around 00:54 April 30, 2006, the summary of the facts charged, C, an employee of the Defendant, operated the Korea Highway Corporation in Echeon-si 990-1, Ebacheon-si with a gross weight of 44.9 tons and more than 40.0 tons, a total weight limitation provision, in excess of 40.0 tons, in an excessive condition.

2. The prosecutor appears to have instituted a public action against the facts charged in this case by applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008; hereinafter “former Road Act”) to Article 86 and Article 83(1)2 of the former Road Act. However, according to the Constitutional Court Order 2008HunGa17 Decided July 30, 2009, Article 86 of the former Road Act "where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 of the former Road Act with respect to the business of the corporation, the corporation shall be punished by a fine under the corresponding Article 83(1) shall be retroactively invalidated."

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.