The defendant shall be innocent.

The summary of the facts charged in this case is as follows: A employee of the Defendant violated the restriction on the vehicle operation of the road management authority by loading more than 1.13 tons of the B vehicle owned by the Defendant on the second axis of the B vehicle owned by the Defendant on March 25, 2005, at around 12:44:3, 2005, at the front of the branch office of Honam Expressway Korea Highway Corporation 129km in Seoul, in relation to the Defendant’s work.

The prosecutor prosecuted the charged facts of this case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005). The summary order of KRW 300,000 was notified in this court.

However, after the above summary order became final and conclusive, the Constitutional Court rendered a decision that "where an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the relevant Article." (The Constitutional Court Order 2010Hun-Ga38, Oct. 28, 2010) that "The above provision of the above Act, which is applicable provisions of the facts charged, retroactively loses its effect."

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.