The defendant shall be innocent.

1. Around March 12, 2008, around 09:45, the Defendant violated the restriction on the operation of vehicles by a road management authority by loading and operating freight in excess of the limitation scale, weight, and total weight of the freight owned by the Defendant in relation to the Defendant’s duties, in front of the Madol National Road 20 Dolun National Road 20, Nam-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul-do Office of Madol National Road Regulation Station.

2. The prosecutor of the judgment applied Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and wholly amended by Act No. 8976 of Mar. 21, 2008) 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, the Constitutional Court rendered a decision of unconstitutionality on July 30, 2009 with respect to the above legal provision (the Constitutional Court Order 2008HunGa17 Decided July 30, 2009). Accordingly, the above legal provision was retroactively invalidated 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.