The defendant shall be innocent.

1. On May 8, 2002, at around 16:29, the Defendant violated the restriction on the operation of the vehicle by the road management authority by operating the said vehicle in a condition that it is loaded with freight exceeding 1.2 tons of 10 tons and 11.2 tons of the limitation on the Defendant’s duties on the roads of the Korea Highway Corporation located 15.8 kilometers in the direction of the collision-Annando Highway, 15.8 kilometers in the direction of the collision-Annando Highway.

2. The Constitutional Court rendered a decision of unconstitutionality as to 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) that applied to the facts charged in this case by a public prosecutor in the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) on Oct. 28, 2010, that "if 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 also be fined under the corresponding Article."

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. Conclusion, the instant facts charged constitute a crime that is not committed.

Innocence shall be pronounced under the former part of Article 325 of the Criminal Procedure Act.