The defendant shall be innocent.

1. The Defendant, as the owner of construction machinery B, operated the said vehicle in excess of 26.95 tons on May 10, 2007, at around 21:30 on May 10, 2007, the Defendant, who is an employee of the Defendant, with the gross weight of more than 26.95 tons in the operation of the said vehicle on the front line of the National Highway 21 T-S

2. From among the applicable provisions of the facts charged in this case, Article 86 of the former Road Act, which is a joint penal provision, "where an employee of a corporation commits a violation provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation." The Constitutional Court rendered a judgment of unconstitutionality that the pertinent provision of the Act is unconstitutional on July 30, 2009, and accordingly, the pertinent provision of the Act retroactively lost its effect.

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