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

1. A, an employee of the Defendant in the facts charged of the instant case, loaded a saw for industrial use on January 7, 1999, around 05:30 tons of total weight of 39.35 tons, 1 livestock 8.9 tons, 2 livestock 9.2 tons, 3 livestock 10.65 tons, and 4 livestock 10.6 tons, with gross weight of 32 tons exceeding 7.35 tons.

2. The prosecutor of the judgment applied Article 86 and Article 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; hereinafter the same) to the facts charged in the instant case. The Constitutional Court held that "where an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 of the former Road Act with respect to the corporation's business, the corporation shall be punished by a fine under Article 83(1)2" in Article 86 of the former Road Act shall be punished by the Constitution (the Constitutional Court Order 2010Hun-Ga38 (Joint) of Oct. 28, 2010). Thus, the above provision of the Road Act retroactively lost its effect.

Thus, the facts charged of this case constitute 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, and the summary of the judgment against the defendant is publicly announced pursuant to Article