The defendant shall be innocent.

1. Around 10:55 on June 1, 2005, the Defendant violated the restriction on the operation of vehicles by a road management authority with respect to the business of the said company by allowing the said company to drive the said special vehicle owned by the Defendant with a total weight of 10 tons or more than 45 tons on the road located in the Doctrine-gu, Yan-gu, Yananan-si, Yan-si, Yan-gu, Yannam-do, where the operation of which is restricted, even though the vehicle exceeds 10 tons or a total weight of 45 tons, while the Defendant was operating the said vehicle with a total of 47.95 tons.

2. The prosecutor of the judgment applied the part of 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 "if an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 with respect to the business of the corporation, the corporation shall be punished by a fine under the corresponding Article." On September 8, 2005, the defendant was issued a summary order on Sep. 2005 with the Daejeon District Court Order No. 21515 of Sep. 21, 2005, and the above summary order became final and conclusive on September 21, 2005.

However, the Constitutional Court rendered a decision of unconstitutionality as to the above legal provision (the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merged) Decided October 28, 2010), and the above legal provision was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

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