The defendant shall be innocent.

1. Around June 19, 2004, around 15:51 on June 19, 2004, the Defendant violated the restriction on the operation of vehicles by a road management authority by loading and operating freight exceeding the limited storage weight of freight vehicles owned by the Defendant, on the Defendant’s business, at the location of the Korea Highway Corporation at a point 18 km of the Southern Sea Highway.

2. The prosecutor of the judgment applied Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) to the part that "if an agent, employee or other worker of a corporation commits an offense under Article 83 (1) 2 with respect to the business of the corporation, the corporation shall be fined under the corresponding Article." As to this, the defendant received a summary order subject to retrial, and the above summary order became final and conclusive.

However, on October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality as to the above provision of the law (the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) on October 28, 2010), thereby retroactively invalidated the above provision of the law in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.