The defendant shall be innocent.

1. The Seoul Central District Court issued a summary order of KRW 50,00 (hereinafter "the summary order subject to review") on January 23, 1998 with respect to the summary order prosecuted under Article 86, Article 84 subparagraph 1, and Article 54 (1) of the former Road Act (amended by Act No. 4545 of March 10, 1993, and amended by Act No. 4920 of January 5, 1995; hereinafter the same shall apply) to the defendant, and the summary order subject to review became final and conclusive around that time.

On September 29, 2020, the defendant filed a request for retrial on September 29, 2020, this court rendered a decision to commence retrial on October 19, 2020 on the ground that there was a ground for retrial under Article 47(4) and (3) of the Constitutional Court Act in a summary order subject to retrial. The decision to commence retrial became final and conclusive around that time

2. The summary of the facts charged is that the Defendant, who is an employee, should exercise due care and supervision to prevent the excessive operation of the Defendant’s business in the operation of the C Truck in connection with the Defendant’s business, and as such, he neglected to do so on May 15, 1997, and thus, D cannot operate more than 10 tons on the street in front of the vehicle inspection site at the entertainment place of the business office, even though he could not operate more than 36 kilometers in excess of 10 tons on the street, he loaded 11.1 ton on the 2 axis of the said vehicle.

3. Where the Acts and subordinate statutes on punishment have retroactively lost its validity due to the decision of unconstitutionality by the Constitutional Court, a prosecuted case against which a public prosecution was instituted by applying the relevant Acts and subordinate statutes shall be pronounced not guilty under Article 325

(see, e.g., Supreme Court en banc Decision 2010Do5986, Dec. 16, 2010). When an agent, employee, or other worker of a corporation commits an offense under Article 86 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995) in Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995).