The defendant is innocent. The summary of this judgment shall be notified publicly.

At around 07:56 on February 4, 1997, when the defendant's employee, who is the employee of the defendant in the factory room, operated Cex, he violated the restrictions on the operation of the vehicle of the road management authority by loading cargo of more than 11.4 tons on the 4 axis of the above vehicle and operating the above vehicle in excess of 10 tons of the restricted axis on the road on the road of the Jandong-dong, Chungcheongnam-gu, Busan Metropolitan City.

In the case of this case, the public prosecutor was prosecuted by applying Article 86 of the former Road Act (amended by Act No. 4920 of January 5, 1995, and the Act before it was amended by Act No. 7832 of December 30, 2005), but the Constitutional Court rendered a decision on October 28, 2010 that "if an agent, employee or other worker of a corporation commits an act of violation pursuant to Article 83 (1) 2 of the former Road Act with respect to the business of the corporation, the part that "if the agent, employee or other worker of the corporation commits an act of violation pursuant to Article 83 (1) 2 of the former Road Act with respect to the business of the corporation, the corporation shall also be fined pursuant to the corresponding Article 86 of the same Act is unconstitutional."

Therefore, the above penal provision was retroactively invalidated pursuant to the proviso of Article 47(2) of the former Constitutional Court Act (amended by Act No. 12597, May 20, 2014).

If so, since the facts charged in this case constitute a case that does not constitute a crime, it is so decided as per Disposition by the decision of not guilty under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of not guilty under Article 440 of the Criminal Procedure