The defendant shall be innocent.

1. On July 12, 2004, in relation to the Defendant’s service, B, an employee of the Defendant, violated the restriction on the operation of the vehicle of the road management agency by loading freight of 10 tons on the 2 axiss, total weight of 40 tons exceeding 17.90 tons, 17.75 tons on the 3 axiss, gross weight of 4.2 tons on the 40 tons of the restriction on operation installed on the line of this item, at the inspection station of the restriction on operation installed on the 31st line of Han National Road of this item, on July 17:19, 2004.

2. The former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and amended by Act No. 8976 of Mar. 21, 2008) which is a legal provision applicable to the facts charged of this case and Article 86 of the former Road Act (amended by Act No. 4920 of Mar. 21, 2008), where an agent, employee or other worker of an individual commits a violation under Article 83 (1) 2 of the Act, the individual shall be punished by a fine under the corresponding Article

“The portion was retroactively invalidated in accordance with the Constitutional Court’s decision of unconstitutionality (see Constitutional Court Order 2010Hun-Ga24, Oct. 28, 2010).

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