The defendant shall be innocent.

1. A summary of the facts charged is a legal entity that aims at trucking transport business. A person employed by A, who operated a B truck with respect to his/her business, violated the restriction on vehicle operation by a road management authority, by loading and operating a 11.13 tons of a 4-scale limited storage weight of the said vehicle in excess of 10 tons of a 4-scale limited storage weight of the said vehicle, while driving the B truck on April 3, 2006, when Kimpo-si, Kimpo-si, Kimpo-si, 760-1 Korea Highway Corporation, in front of the Incheon Kimpo Office.

2. The Constitutional Court ruled that Article 86 of the former Road Act (wholly amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Mar. 21, 2008) which applies to the facts charged in this case by the prosecutor in the decision of July 30, 2009 that "if an agent, employee, or other worker of a corporation commits an offense as prescribed in Article 83 (1) 2 with respect to the business of the corporation, the corporation shall be punished by a fine as provided in Article 83 (1) 2 as well as the corporation shall be punished by a fine as provided in the decision of unconstitutionality." This provision of the above Act retroactively loses its effect pursuant to the proviso of Article

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