The defendant shall be innocent.

1. Summary of the facts charged in this case

A. On September 3, 2004, at around 09:40, the Defendant violated the restriction on the operation of the vehicle of the road management agency by loading and operating the freight in excess of the limitation on the size, total weight, and length of the freight vehicle owned by the Defendant with respect to the Defendant’s business.

B. On November 30, 2004, at around 20:10, the Defendant violated the restriction on the operation of vehicles of the Road Management Agency by loading and operating freight in excess of the size and total weight of freight cars owned by the Defendant in relation to the Defendant’s business at the control station of the vehicle on the street 45-line dedicated to the flue-ri National Highway 45-si in fluite-si, Gyeonggi-do.

2. The prosecutor of the judgment shall also impose a fine under 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) with respect to the facts charged of this case where the agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in relation to the business of the corporation.

A public prosecution was instituted by applying the part "," and the defendant received a summary order subject to review and the above summary order against the defendant became final and conclusive.

In this regard, the Constitutional Court rendered a decision of unconstitutionality on October 28, 2010 with respect to the above provision of the law (Supreme Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (Joint) Decided October 28, 2010) and thus, the above provision of the law was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

Thus, the facts charged of 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.