The defendant shall be innocent.

1. Around 11:56 on June 13, 1997, a summary of the facts charged, B, an employee of the Defendant, violated the restriction on the operation of vehicles for the Defendant’s business by operating the vehicle with a load of more than 10 tons in excess of 12.1 ton in front of the Seoul Highway Corporation located 20.4 km from the 20.4 kilometers on the road in front of the Seoul Highway Corporation.

2. 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 is the applicable provisions to the facts charged in the instant case, "where an agent, employee or other worker of a corporation commits a violation 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," which is the Constitutional Court en banc Decision 2010Hun-Ga14, 15, 21, 27, 27, 35, 38, 44, 70 (combined) that is the applicable provisions to the facts charged in the instant case, and thus retroactively loses its effect by a decision of unconstitutionality rendered by a ruling of unconstitutionality as of Oct. 28,

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.