The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is engaged in transportation business as the B truck owner.

On September 23, 2003, 13:31, 200, the road in front of the business office of Gug-ri branch office 26.9km from old-ri-ri Highway, and C, an employee of the defendant, was driving the above cargo vehicle in relation to the defendant's business and operated by more than 1.41 tons of weight, thereby violating the restriction on the operation of the vehicle of the road management agency.

2. The prosecutor of the judgment applied Article 86 and Article 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; hereinafter the same) to the facts charged of this case, and the defendant was notified of the summary order subject to retrial and confirmed.

In this regard, the Constitutional Court shall, after the above summary order was issued on October 28, 2010, impose a fine under Article 83 (1) 2 on the juristic person when an agent, employee or other worker of a juristic person commits an offense under Article 86 of the former Road Act with respect to the business of the juristic person.

Article 47(2) proviso of the Constitutional Court Act provides that “The Constitutional Court 2010 Constitutional Court 14, 15, 21, 27, 35, 38, 44, 70 (Joint Court Order)” shall be deemed to be unconstitutional. Accordingly, the above provision of the law shall retroactively lose its effect pursuant to the proviso of Article 47(2) of the Constitutional Court Act.

Thus, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.