The defendant shall be innocent.

1. A summary of the facts charged is a legal entity that aims at trucking transport business. A person who drives B truck belonging to the Defendant violated the Defendant’s duty in violation of the restriction on vehicle operation by loading and operating earth and sand in front of the Gwangju Highway at a point of 159 km away from the limit 10 tons on April 25, 2000, at the seat of the Korea Highway Corporation located in the direction of Seoul Southern Expressway Highway at a point of 159 km away from the limitation 1.26 tons.

2. 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 to the facts charged in the instant case, provides 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, a fine under the relevant Article shall be imposed on the corporation." The Constitutional Court en banc Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, and 70 (merged) Decided Oct. 28, 2010, which is retroactively declared unconstitutional by a ruling of unconstitutionality as to the said corporation's business.

Thus, since the facts charged in this case constitute a crime, it is not guilty under the former part of Article 325 of the Criminal Procedure Act.