The defendant shall be innocent.

1. With respect to the Defendant’s duties, around October 16, 2003, the Defendant’s employer loaded and operated the freight of 11.1 ton exceeding 10 ton of the freight owned by the Defendant at a place located at a point located at 29.2 km on the coastwise Highway 29.10km on October 16, 203.

2. Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which applies to the facts charged in the instant case, 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, the corporation shall be punished by a fine under the relevant Article.

The Constitutional Court Decision 2010Hun-Ga38 Decided October 28, 2010 and Article 47(3) of the Constitutional Court Act retroactively lost its effect.

In a case where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provision shall be limited to the case where it is not committed.

3. The instant facts charged constitute a crime and thus, the Defendant is acquitted on the basis of the former part of Article 325 of the Criminal Procedure Act.