The defendant shall be innocent.

The summary of the facts charged of this case is as follows: (a) on March 6, 1998, around 09:22, the Defendant’s employee Gap operated B truck with freight loaded at the front side of the Gannam Highway with a limited weight exceeding 1.2 tons exceeding 1.2 tons and with a limited weight exceeding 1.2 tons; and (b) the Defendant’s employee violated the restriction on the operation of the vehicle by the road management authority.

However, 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), which is the applicable provisions to the facts charged in this case, provides that "where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation." The Constitutional Court decision 2010Hun-Ga38 of Oct. 28, 2010 and the proviso of Article 47 (2) of the Constitutional Court Act, which is the applicable provisions to the facts charged in this case, has retroactively lost its effect.

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