1. The summary of the facts charged is a corporation that aims at trucking transport business, etc., and around May 15:08, 2001, the truck driver B of the freight belonging to the Defendant committed an offense against the Defendant’s business by operating the truck with the truck loaded with freight of 11.2 tons of the 3 livestock, in excess of 10 tons of the restricted axis, at the business office located at a point of 412.9km in the direction of the Highway in the South and North Sea, on May 29, 2001.

2. The Constitutional Court Decision 2010Hun-Ga38 Decided October 28, 2010, amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) stated in Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005), which applied by a prosecutor to the facts charged in the instant case, “if an agent, employee or other worker of a corporation commits an offense as prescribed in Article 83(1)2 in connection with the business of the corporation, the corporation shall also be fined as prescribed in the relevant Article.

“The Court rendered a decision of unconstitutionality on the part above.”

Accordingly, the above provision of the law was retroactively invalidated in accordance with the proviso of Article 47 (2) of the Constitutional Court Act.

3. According to the conclusion, the facts charged in the instant case constitute a crime, and thus, acquitted under the former part of Article 325 of the Criminal Procedure Act.