The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is a juristic person established for the trucking transport business of ordinary freight, etc., and the employees A with respect to his duties, at around 01:46 December 16, 2002, operated in a state exceeding 10 tons, out of a 11.14 tons of a steel pipe, by carrying steel pipe on the old and new 5 tons of a car truck from the old and new office of business in front of the old and new office of business in the Korea Highway Corporation located at the location of the old and new office of business in order to maintain the structure of the road and prevent the danger of traffic.

2. The prosecutor charged the facts charged in this case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), and the Constitutional Court made a decision 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 also be imposed on the corporation," in Article 86 of the above Act, "the provision that the relevant Article shall be imposed on the corporation, in violation of the Constitution (the Constitutional Court Order 2010Hun-Ga14,15,21,21,27,35,38,44,70 (merged) of the above provisions of the Act, which are applicable provisions of the law, retroactively as a result of the decision of unconstitutionality, has lost its effect.

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.