The defendant shall be innocent.

1. On May 15, 2005, at around 18:28 on May 15, 2005, the Defendant: (a) as the owner of a freight truck; (b) as to his/her duties, the Defendant violated the restriction on vehicle operation of the road management authority by operating the freight of 4.21m high on the said truck as loaded with freight of 4.21m high on the said truck.

2. The prosecutor charged a public prosecution by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) to the facts charged in the instant case.

However, Article 86 of the above Act provides that "if an agent, employee, or other worker of a corporation commits an offense pursuant to Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine pursuant to the corresponding Article," the Constitutional Court shall be punished by a fine pursuant to the corresponding Article."

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.