The defendant shall be innocent.

The Defendant in the facts charged of this case is the user of B who driven A5 tons truck, and around November 27, 1997, around 15:30 on November 27, 1997, the Defendant violated the restriction on the operation of the vehicle by the road management authority with respect to the Defendant’s business by operating the freight of more than 1.3 tons at the 11.3 tons on the street above the front side of the principal branch office of the Korea Highway Corporation located at 119 kilometers in the 15:30 kilometers in the Gyeongnam-gu Seoul Metropolitan City, Chungcheongnam-do, Seoul Metropolitan City.

Judgment

As to 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, hereinafter the same) which is a joint penal provision among the applicable provisions of the facts charged in this case, the Constitutional Court rendered a decision 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, the corporation shall be punished by a fine under the relevant Article, if the agent, employee or other worker of the corporation committed a violation under Article 83 (1) 2 in accordance with the decision of unconstitutionality as to Article 86 of the former Road Act (amended by Act No. 7832 of Oct. 28, 2010) applied in this case, the part of the above provision, which is applicable

Thus, the facts charged in 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.