The defendant is innocent.

In the facts charged, C, the Defendant’s employee, operated D Trucks in relation to the Defendant’s work, on July 19, 2007, around 03:15, in the national highway No. 39 in the vicinity of Pyeongtaek-si Sgyeongdo, Pyeongtaek, and in the national highway No. 39, despite the prohibition of vehicle traffic exceeding 2.5 meters in width, C, the Defendant’s employee, loaded steel structure of 3.9 meters in width and operated in excess of 1.4 meters in width.

The prosecutor, in relation to the facts charged in this case, brought a public prosecution against the defendant by applying Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 8976 of Mar. 21, 2008; hereinafter the same), and the summary order subject to retrial was notified and finalized.

In Article 86 above, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an offense provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation," and the above provision becomes retroactively null and void pursuant to the proviso of Article 47 (2) of the Constitutional Court Act, and if the provisions of the penal law retroactively lose its validity due to the decision of unconstitutionality, the facts charged in this case which was prosecuted by applying the pertinent provision shall not be a crime, and thus, the defendant shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.