The defendant shall be innocent.

1. The summary of the facts charged is C11 ton truck driver, and the defendant is a legal entity established for the purpose of the land cargo transport service, etc. B, and around October 10:50 on October 19, 2001, around 34:50 on the 10:50 line of the national highway 10 ton, total weight 40 ton, height 40 ton, width 2.5m, length 19m in length, while restricting the operation of vehicles exceeding 19m in order to preserve the road structure and prevent any danger in operation, the defendant violated the management authority as to the above tasks by restricting the operation of vehicles by the vehicle patrol team in the course of operating the vehicle with the personal house located in the Young-gun-gun located in the Gyeongdong-dong city in the Gyeong-dong-dong-dong-dong-dong-si on the 34th line of the national highway by measuring the width of the vehicle.

2. The prosecutor of the judgment applied Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005; hereinafter the same) to the above charged facts, and the prosecution was instituted by applying Article 86, Article 83(1)2, and Article 54(1) of the former Road Act, and the summary order of KRW 500,00 was notified and finalized by this court.

On October 28, 2010, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," in Article 86 of the former Road Act, is in violation of the Constitution (see Constitutional Court en banc Order 2010Hun-Ga14, Oct. 28, 2010). Accordingly, the aforementioned provision of the Act retroactively loses its effect pursuant to 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.