The defendant shall be innocent.

1. Around 12:42 on October 30, 2003, the summary of the facts charged, at a point 327.2 km from the point of renunciation of the coastline, the Defendant was in violation of the restrictions on the operation of the road management authority by operating a vehicle with freight exceeding 11.20 tons, which is owned by the Defendant, at a point 327.2 km from the point of abandonment of the coastline.

2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 8976, Mar. 21, 2008; Act No. 8976, Feb. 3, 2004; Act No. 8970, Feb. 3, 2004; Act No. 8977, Feb. 3, 2004; Act No. 4997, Feb. 3, 2004.

On July 30, 2009, the Constitutional Court rendered a decision that "if an agent, employee, or other servant of a corporation commits an offence provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in Article 83 (1) 2 shall also be imposed on the corporation" (the Constitutional Court Order 2008Ga17 delivered on July 30, 2009) that "after the above summary order becomes final and conclusive, the provision of the Act retroactively loses its effect pursuant to the proviso of Article 47 (2) of the Constitutional Court Act."

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