The defendant shall be innocent.

1. Around 18:45 on September 25, 2001, the summary of the facts charged charged by the Defendant violated the vehicle operation restriction of the road management authority by loading and operating freight exceeding the limited storage weight and total weight on D freight cars owned by the Defendant, at the front of the Busan Metropolitan Office located 422 km away from the Busan Metropolitan Office.

2. The prosecutor of the judgment applied 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) to the part that "if an agent, employee or other worker of a corporation commits an offense 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." The defendant received a summary order subject to review and the above summary order against the defendant became final and conclusive.

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

Thus, the above facts charged constitute a case that does not constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.