The defendant shall be innocent.

The summary of the facts charged in the instant case is as follows: (a) around February 16, 2004, around 02:28, the Defendant’s employee A loaded and operated the freight exceeding 44.5 tons of the total weight of B freight vehicles exceeding 40 tons in relation to the Defendant’s business at the location of the Jindo Office located in Busan at the point of Busan at the point of Busan and around 28.4km; and (b) around April 9, 2004, around 01:28, each road management authority violated the restriction on the vehicle operation of the Defendant by loading and operating the freight exceeding 10 tons of the limited axis at the above location.

The prosecutor prosecuted the charged facts of this case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005). The summary order of KRW 2,00,000 was notified in this court.

However, after the above summary order became final and conclusive, the Constitutional Court rendered a decision that "where an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the relevant Article." (The Constitutional Court Order 2010Hun-Ga38, Oct. 28, 2010) that "The above provision of the above Act, which is applicable provisions of the facts charged, retroactively loses 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.