The defendant shall be innocent.

1. The summary of the facts charged is that at around 17:00 on July 14, 200, A, an employee of the Defendant, loaded freight exceeding 12 tons out of 10 tons of the limited storage of the freight on the Defendant’s vehicle B, which is the restricted standard, on the Defendant’s business at the 273 km place of a bad direction, and operated on the Defendant’s business at the 273 km place of the coastline, thereby violating the road management authority’s restriction on vehicle operation.

2. The public prosecutor instituted a public prosecution against the above facts charged by applying 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) that "if an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 with respect to the business of the corporation, the corporation shall be punished by a fine under the corresponding Article." Accordingly, the summary order subject to review against the defendant issued by the court became final and conclusive.

However, on October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality as to the above provision of the law (the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) on October 28, 2010), thereby retroactively invalidated the above provision of the law in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

Thus, the facts charged constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.