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

1. The summary of the facts charged is that at around 02:32 on February 7, 1998, A, an employee of the Defendant, loaded cicks in Kimcheon-do and operated in Kimhae-do, and violated the vehicle operation restriction by the road management authority, by driving the 18.6 tons of 2 axiss, 19.2 tons of 3 stables, 19.2 tons of 4 stables, 12.2 tons of 5 stables, 12.7 tons of 5 stables, and 69.2 tons of gross weight.

2. Determination

A. The prosecutor prosecuted the facts charged in the instant case by applying 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. 7103 of Jan. 20, 2004), and the summary order of KRW 2,00,000 was notified and finalized in this court.

B. However, after the above summary order became final and conclusive, the part of Article 86 of the above Act that "where an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the corresponding Article 83 (1) 2 shall also be punished by the Constitution (the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 35, 38, 44, 70 (merger)) was ruled to be in violation of the Constitution. In accordance with the above decision of unconstitutionality, the part of the above legal provision that is applicable mutatis mutandis to the facts charged was retroactively invalidated.

3. In conclusion, 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, and the summary of the judgment against the defendant is publicly notified under Article 440 of the Criminal Procedure Act, and this decision is delivered