B On June 19, 2001, C, a driver of a large truck, loaded 11 ton and 11.3 ton of the above vehicle in excess of 10 ton of the 3 ton of the 10 ton of the 3 ton of the 3 ton of the 4 ton of the 11.3 ton of the 4 ton of the 4 ton of the 11.3 ton of the 4 ton of the 10 ton of the 64.5km Highway

As a result, the Defendant had C, an employee, commit the above-mentioned act of violation.

2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) to the facts charged of this case.

However, on October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality as to Article 86 of the above Act that "if an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article." (see Constitutional Court Order 2010Hun-Ga38, Oct. 28, 2010). Accordingly, Article 47 (2) of the former Constitutional Court Act (amended by Act No. 10546, Apr. 5, 201) retroactively lost its effect.

3. In conclusion, the facts charged in this case constitute a crime and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.