The defendant shall be innocent.

1. The summary of the facts charged is the defendant corporation. A, an employee of the defendant, is a corporation, and a vehicle running the road located in front of the national highway 23, Kim Jong-si, Kim Jong-si, the national highway 23, with respect to the defendant's service, was limited to 10 tons of total weight, 40 tons of length, 16.7 meters in length, 2.5 meters in width, and 4.0 meters in height, while operating the road at the Incheon port on October 9, 1998, in order to preserve the road's structure and prevent danger of traffic, the defendant's employee refused a demand for guidance by the supervisor.

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 a violation under Article 83 (1) 3 in connection with the business of the corporation, the corporation shall be fined under the corresponding Article in addition to the corporation shall be fined." The defendant was sentenced to review and the judgment against the defendant became final and conclusive.

However, on December 29, 2011, the Constitutional Court rendered a decision of unconstitutionality as to the above legal provision (the Constitutional Court Order 201HunGa20 Decided December 29, 201). Accordingly, the above legal provision was retroactively invalidated in accordance with 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, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.