The defendant shall be innocent.

1. On June 24, 2007, at around 16:10, the Defendant: (a) loaded and operated a sand of 1.30 tons on the 4 axis in excess of 10 tons among the 10 tons of the cump trucks owned by the Defendant on the 24th line located on the 3rd Cump truck located in the Nam-gun National Highway located in the Southern-gun National Highway; (b) around July 30, 2007, the Defendant violated the restriction on the operation of each road management agency by loading and operating a sand of 1.10 tons on the 3 dump truck in excess of 10 tons of the 3 dump truck among the 10 tons of the dump criteria for restriction on traffic.

2. In the case where an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 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), the prosecutor of the judgment of the court shall also be punished by a fine under the relevant Article in regard to the business of the corporation.

A public prosecution was instituted by applying the part "," and the defendant received a summary order subject to review and the judgment on the defendant became final and conclusive.

In this regard, the Constitutional Court rendered a decision of unconstitutionality on July 30, 2009 with respect to the above provision of the law (the Constitutional Court Order 2008Hun-Ga17, July 30, 2009). Accordingly, the above provision of the law was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

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