The defendant shall be innocent.

1. The summary of the facts charged is the owner of B car trucks.

At around 06:09 on April 29, 2002, C, an employee of the Defendant, operated the said vehicle with the load of more than 11.08 tons on the third axis of the said vehicle in excess of 10 tons at the Korea Highway Corporation at a point of Busan Metropolitan City, which is 3.2km in Busan Metropolitan City, in relation to the duties of the Defendant, in violation of the restriction on operation of the road management authority.

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 facts charged, and the defendant was charged with a summary order subject to retrial and confirmed.

However, 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," which applies to this case, violates the Constitution (Article 86 of the former Road Act, which provides that "if the agent, employee, or other worker of the 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)," and thereby, 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 above facts charged constitute a crime, and thus, is not guilty under the former part of Article 325 of the Criminal Procedure Act.