The defendant shall be innocent.

1. The summary of the facts charged is that employees A violated the restrictions on operation of the road management authority by carrying 12.02 tons and gross weight 43.62 tons on the 2 axis at the inspection station for the control of restricted vehicles located in the Gasan-ri of the Gyeongdong-dong, Chungcheongnam-gu, Chungcheongnam-do, Gyeongdong-si (11 on September 8, 2003) with respect to the Defendant’s duties (10 tons and gross weight 40 tons during the restricted reduction, and gross weight ).

2. In 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 applies to a summary order subject to review, the phrase “where an agent, employee, or other worker of a corporation commits a violation provided for in Article 83(1)2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation,” which is retroactively invalidated by a decision that violates the Constitution (the Constitutional Court Decision 2010Hun-Ga38 of Oct. 28, 2010).

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