The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Around 06:04 on March 27, 1996, the Defendant, who is an employee, violated the restrictions on the operation of vehicles of the Road Management Agency by loaded more than 1.1 ton of 5 livestock and 42.5 ton of gross weight in the Masan Construction and Transportation Business Office at a point of 885.2 kilometers on the south Sea Highway at a point of 885.2 kilometers.

2. The prosecutor shall also impose a fine under 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) with respect to the above facts charged 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.

“A public prosecution was instituted by applying the partial provision, and the summary order against the Defendant became final and conclusive upon receiving the summary order (see, e.g., Supreme Court Decision 96 High Court Decision 19351). On October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality as to the above provision of the law (see, e.g., Constitutional Court Decision 2010Hun-Ga38, Oct. 28, 2010). Accordingly, the above provision of the law was retroactively invalidated pursuant to the proviso of Article 47(2) of the Constitutional Court Act.

Thus, since the facts charged in this case constitute a case that does not constitute a crime, it is not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary thereof is publicly announced pursuant to Article 440 of the Criminal Procedure Act.