The defendant shall be innocent.

1. The Seoul Central District Court issued a summary order of KRW 50,00 (hereinafter "the summary order subject to review") of KRW 500,00 on April 22, 1997 with respect to the summary order prosecuted under Article 86, Article 84 subparagraph 1, and Article 54 (1) of the former Road Act (amended by Act No. 4545 of March 10, 1993, and amended by Act No. 4920 of January 5, 1995; hereinafter the same shall apply) to the defendant, and the summary order subject to review became final and conclusive around that time.

On October 26, 2020, the defendant requested a retrial on October 26, 202, and this court rendered a decision to commence a retrial on November 6, 2020 on the grounds that there were grounds for retrial under Article 47(4) and (3) of the Constitutional Court Act in a summary order subject to a retrial. The decision to commence the retrial became final and conclusive around that time.

2. The summary of the facts charged is that the Defendant, who is an employee, should exercise due care and supervision to prevent the excessive operation of the Defendant’s business in the operation of the C Truck in connection with the Defendant’s business, and as such, he neglected to do so on November 11, 1996, the Defendant, at 22:41 square meters and operated the said vehicle, 11.1 ton of freight on the 5 axis of the said vehicle, even though it is a restricted area where it is impossible to operate more than 10 ton of 27.5 kilometers in front of the main office of the road construction Gu road work, in the direction of the main office of the Gu road construction, at 2

3. Where the Acts and subordinate statutes on punishment have retroactively lost its validity due to the decision of unconstitutionality by the Constitutional Court, a prosecuted case against which a public prosecution was instituted by applying the relevant Acts and subordinate statutes shall be pronounced not guilty under Article 325

(see, e.g., Supreme Court en banc Decision 2010Do5986, Dec. 16, 2010). The Constitutional Court, when an agent, employee, or other worker of a corporation commits a violation provided for in subparagraph 1 of Article 84 in Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); and