The defendant shall be innocent.

The summary of the facts charged in this case is that "the employees of the defendant operated the cargo above the cargo at the Korea Highway Corporation located in Gangseo-dong 18, Gangseo-gu, Busan, on December 4, 2007, in connection with the defendant's business."

However, since the validity of Articles 86, 83 subparag. 2, and 54(1) of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and amended by Act No. 8976 of Mar. 21, 2008) which is the applicable provisions of the above facts charged, is retroactively lost pursuant to the Constitutional Court Order 2008Hun-Ga17 decided July 30, 2009 and the proviso of Article 47(2) of the Constitutional Court Act, it constitutes a case that does not constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.