The defendant shall be innocent.

1. The Defendant is the owner of a vehicle A, and around 10:04 on January 5, 1996, the Defendant, who is an employee of the Defendant, operated the said vehicle with freight exceeding 1.3 tons exceeding 1.3 tons at 4 cattle although he could not operate more than 10 tons at the Daejeon Highway Corporation's Daejeon Business on January 5, 1996.

2. The prosecutor of the judgment applied Article 86 and Article 83(1)2 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 above facts charged, and the court issued a summary order of KRW 300,00 to the defendant as of July 22, 1996. The above summary order was confirmed after being notified to the defendant at around that time, but the defendant filed a request for review of the above summary order on the ground that there was a decision of unconstitutionality as to the above legal provision.

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 corresponding Article shall also be imposed on the corporation." On the part of Article 86 of the above Act, the Constitutional Court rendered a decision that the above provision of the law shall be unconstitutional. In accordance with the decision of unconstitutionality, the above provision of the law shall retroactively lose its effect.

3. In conclusion, since the facts charged in this case constitute a case that does not constitute a crime, it is so decided as per Disposition by the judgment of not guilty on the defendant under the former part of Article 325 of the Criminal Procedure Act