The defendant shall be innocent.

1. Around 07:42 on February 15, 1995, the Defendant violated the restriction on the operation of vehicles by the road management authority in relation to the Defendant’s duties by loading and operating freight exceeding 11.2 tons of a limited weight exceeding 10 tons on the second axis of freight owned by the Defendant, in front of the Seoul Highway Corporation at a point 20.4km branch office of Seoul Highway.

2. The Constitutional Court rendered a decision of unconstitutionality on the portion that "if an agent, employee or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the corresponding Article 47 (2) of the Constitutional Court Act." This portion of Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 2, 2005) applied to the facts charged in the instant case by a public prosecutor. 2010Hun-Ga14, 15, 21, 27, 35, 38, 444, 70 (merger)."

3. According to the conclusion, the facts charged in this case constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.