The defendant is innocent.

1. On April 29, 198, the Defendant violated the facts charged, around the Korea Highway Corporation located at a point of 70.3 km of the Middle Limit Highway 70.3 km, the Defendant, who is an employee of the Defendant, committed a violation of the restriction on vehicle operation of the road management authority by loading and operating freight of 1.3 tons and 11.2 tons on the third axis of the said vehicle in excess of 10 tons of the limitation on the Defendant’s business.

2. The Constitutional Court rendered a decision of unconstitutionality on October 28, 2010 that "where 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, a fine under Article 83 (1) 2 shall also be imposed on the corporation in violation of the Constitution." Accordingly, Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) applied by the public prosecutor to the facts charged in the case of this case is retroactively invalidated pursuant to the proviso to Article 47 (2) of the Constitutional Court Act.

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