The defendant shall be innocent.

1. The summary of the facts charged is that an employee A, on October 25, 1994, loaded more than 1.1 ton on the road in front of the business office of the Gunam Highway, around 03:50 on October 25, 1994, with respect to the defendant's business, and operated excessively.

2. In 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), which applies to a summary order subject to review, the phrase “where an agent, employee, or other worker of a corporation commits a violation provided for in Article 83(1)2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation,” which is retroactively invalidated by a decision that violates the Constitution (the Constitutional Court Decision 2010Hun-Ga38 of Oct. 28, 2010).

3. In conclusion, the facts charged in this case constitute a crime and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.