The defendant shall be innocent.

1. The summary of the facts charged is that the corporation established for the purpose of transportation business is the owner of freight vehicles B8 tons, and C, the employee of the defendant, was in violation of the restriction on vehicle operation of the Korea Highway Corporation by loading and operating export goods, etc. of 12.240 tons in excess of 10 tons of restricted weight at the Seoul Metropolitan Business Office, 196-1, the 196-1, Sungnam-gu, Sungnam-si, Seoul Metropolitan City, about August 16, 2002.

2. 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), which is the applicable provisions to the facts charged in the instant case, provides that "where an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall be imposed on the corporation." The Constitutional Court en banc Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, and 70 (merged) Decided Oct. 28, 2010, which is retroactively declared unconstitutional by a ruling of unconstitutionality as to the said corporation's business.

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