The defendant shall be innocent.

1. The summary of the facts charged A, around 01:41 on June 10, 2003, the Defendant’s employee loaded and operated the freight exceeding 44.6 tons with a gross weight exceeding 40 tons at the business establishment north-west of the Highway and committed an offense in connection with his duties.

2. The part of 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 applies to the facts charged of this case, "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," which is subject to the application of the facts charged of this case, was determined as unconstitutional by the Constitutional Court Decision No. 2010Hun-Ga, 14, 15, 21, 27, 35, 38, 44, 70 (Joint). The above provision of the Act retroactively loses its effect pursuant to the above decision.

Thus, 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.