The defendant shall be innocent.

1. On October 25, 2006, B, an employee of the Defendant, violated the restriction on the operation of vehicles by the road management authority in relation to the Defendant’s business by operating the Defendant’s c5 tons of cargo loaded with freight exceeding 10 tons of 11.14 tons at the Osan Industrial Complex located in the direction of Seoul 381.9 kilometers in the Gyeong Highway, 381.9 kilometers in the direction of the Gyeong Highway, and operating the Defendant’s 35 tons of cargo loaded in the 2 axis

2. As to the facts charged in the instant case, the public prosecutor instituted a public prosecution by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Mar. 21, 2008; a summary order of KRW 200,000 was notified and finalized by the above court.

However, after the above summary order became final and conclusive, the Constitutional Court rendered that Article 86 of the above Act provides that "where an agent, employee, or other employee of a corporation commits an offense under Article 83 (1) 2 in connection with the corporation's business, a fine under the corresponding Article shall also be imposed on the corporation, etc." (the Constitutional Court Order 2008HunGa17 Decided July 30, 2009) was unconstitutional, the applicable provisions of the facts charged in this case, the contents of which contain an employee's violation, retroactively lost its effect.

3. In conclusion, since the facts charged in this case constitute a case that does not constitute a crime, it is so decided as per Disposition by the judgment of not guilty against the defendant under the former part of Article 325 of the Criminal Procedure Act.