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

1. On September 18, 2002, around 17:49, at the 4.32KK point in the direction of the Seoul Highway, B, an employee of the Defendant, operated the truck with the cargo loaded with the cargo of 11.6 tons in excess of 10 tons of the limited axis.

2. The prosecutor of the judgment applied Articles 86, 83(1)2 and 54(1) 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 above charged facts.

On October 28, 2010, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," in Article 86 of the former Road Act, is in violation of the Constitution (see Constitutional Court en banc Order 2010Hun-Ga14,15,21,27, 27, 35, 38, 444,70 (merged) of the same Act). Accordingly, the aforementioned provision of the Act retroactively lost its effect.

In addition, where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provision shall be deemed to be a crime.

Thus, since the facts charged in this case constitute a crime, it is judged not guilty under the former part of Article 325 of the Criminal Procedure Act, and it is so decided as per Disposition by publicly announcing the summary of this decision under the main sentence of Article 440 of the Criminal Procedure Act