The defendant shall be innocent.

1. On December 24, 2004, at around 21:10 on December 24, 2004, the Defendant’s employee A driven B 25 tons metric tons at the front side of the Kimpo-si Kimpo-si Kimpo-si Kimpo-si, 760-1 Korea Highway Corporation, and operated the freight of 11.85 tons at the fifth axis of the truck and the total weight of 46.42 tons exceeding 10 tons.

2. Of the summary order subject to review, the part against the requester for a retrial was based on Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005); however, this Act and subordinate statutes were determined by the Constitutional Court as unconstitutional (Supreme Court Order 2010Hun-Ga38, Oct. 28, 2010) retroactively invalidated.

Where the penal law or legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provisions shall be limited to the case where it does not constitute a crime.

If so, the facts charged in this case constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.