The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On August 8, 2005, the facts charged A is a driver of B cargo vehicles, and the defendant is a corporation established for the purpose of cargo transportation services, etc., and around 07:14 on August 8, 2005, A, around 44.17 tons of cargo exceeding 40.17 tons of gross weight at the dong Sea Line 40.7km Seoul, thereby violating the road management authority’s restriction on vehicle operation. The defendant, who is an employee, committed a violation in relation to the defendant’s business.

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. 8976 of Mar. 21, 2008; hereinafter the same) to the facts charged against the defendant, and applied Articles 86, 83(1)2 and 54(1) of the same Act, and the summary order subject to review was issued and confirmed as is.

On October 28, 2010, the Constitutional Court rendered a ruling that “if an agent, employee, or other worker of a corporation commits an offense provided for in Article 83(1)2 in connection with the business of the corporation, a fine provided for in the provisions of Article 83(2) of the former Road Act shall also be imposed on the corporation” in Article 86 of the former Road Act, which applies to the case of the defendant, is in violation of the Constitution, and thereby, the provision of the above Act retroactively loses its effect in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

On the other hand, where the penal law or the legal provision becomes retroactively effective due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the pertinent provision shall be deemed to constitute a crime.

(See Supreme Court Decision 2004Do9037 delivered on April 15, 2005, etc.). Thus, since the facts charged against the defendant constitute a crime, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant is publicly notified pursuant to Article 440 of the Criminal Procedure Act.