The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged in the instant case is the owner of the B truck of A driving and the user of A, and A around October 27, 2003, around October 22:33, 2003, in the business office of the Korea Highway Corporation, a branch of the Korea Highway Corporation 327.2 km located in the coastline, from Seoul Metropolitan Government, the Defendant violated the restriction on vehicle operation of the road management authority in relation to the Defendant’s business by operating the Defendant’s business as loaded with a 11.55 tons of a reduced weight exceeding 10 tons of a reduced weight on the said vehicle.

2. The prosecutor of the judgment was amended by Act No. 4920 of Jan. 5, 1995 as to the above charged facts, and it was amended by Act No. 7832 of Dec. 30, 2005.

(a) The same shall apply;

Article 86, Article 83(1)2, and Article 54(1) of the former Road Act applied to the case on October 28, 2010, the Constitutional Court rendered a decision that “if an agent, employee, or any other employee of a corporation commits an offense provided for in Article 83(1)2 with respect to the business of the corporation, the corporation shall be punished by a fine provided for in the relevant provision shall also be imposed on the corporation” (see, e.g., Constitutional Court Order 2010HunGa38, Oct. 28, 2010). Accordingly, Article 47(2) of the Constitutional Court Act retroactively lost its effect pursuant to the proviso to Article 47(2) of the Constitutional Court Act. In addition, where the Act on Punishment or the provisions of law retroactively lose its effect due to the decision of unconstitutionality, the case constitutes a crime committed by the defendant who is not guilty (see, e.g., Supreme Court Decision 2005Do389, Apr. 15, 2005).