The defendant shall be innocent.

1. The summary of the facts charged is the owner of a cargo vehicle A, and B is the driver of the above cargo vehicle.

On August 31, 2007, around 20:41, the Defendant, an employee of the Defendant, was in violation of the restriction on vehicle operation of the road management authority by operating the said cargo vehicle as loaded with more than 1.16 tons for exports of more than 11.16 tons during the fifth livestock, at the branch office of the Korea Highway Corporation located 12.5km in Youngdong Incheon, Incheon, the 12.5km branch office of the Korea Highway Corporation.

2. The prosecutor of the judgment applied Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008; hereinafter the same) to the facts charged in the instant case, and the defendant was notified of the summary order subject to reexamination and confirmed.

However, after the above summary order became final and conclusive on July 30, 2009, the part of Article 86 of the former Road Act that "if an agent, employee, or other employee of a corporation commits an act of violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the pertinent Article shall also be imposed on the corporation," which is unconstitutional (see Constitutional Court en banc Order 2008Hun-Ga17, Jul. 30, 2009). Accordingly, according to the above unconstitutional decision, the part of the above provision of the law, which is applicable provisions to the facts charged of this case, has retroactively

Therefore, the facts charged in this case 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.