The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On July 18, 1995, at around 16:19 on July 18, 1995, the Defendant, an employee of the Defendant, loaded the raw timber of 42.6 tons on B truck at the Yansan Business Office located 64.5 km away along the south-west line of the knive base line, thereby violating the restriction on the operation of the vehicle by the road management agency (total weight of 40 tons).

2. The former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which is a legal provision applicable to the facts charged in this case, where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be fined under the corresponding Article.

Article 47(3) of the Criminal Procedure Act provides that the Constitutional Court’s decision of unconstitutionality (see Constitutional Court Decision 2010Hun-Ga, October 28, 2010, 14, 15, 21, 27, 35, 38, 44, and 70 (Joint)) shall retroactively lose its effect (see Article 47(3) of the Constitutional Court Act). Therefore, since the facts charged in this case are not a crime, it shall be acquitted in accordance with the former part of Article 325 of the Criminal Procedure Act, and the summary of this decision shall be announced in accordance with the main sentence of Article 440 of the Criminal Procedure Act. It is so decided as per Disposition.