The defendant shall be innocent.

1. The summary of the facts charged [2014 Height 1775] The defendant is a legal entity that is engaged in trucking transport business. A, an employee of the defendant, driving a truck of 11 ton of the B Hyundai 11 ton in connection with the defendant's business, thereby violating the restrictions on the operation of vehicles by the road management authority, by loading bank trees more than 4 meters high from the road on the 48th line of the Dottri National Highway of Incheon Reinforcement-do, Incheon, Reinforcement-gun, the Incheon, at around November 16:52, 200.

[2014 Highest 1779] The Defendant is a corporation for trucking transport business. Around November 18, 1999, the employee C operated D Trucks with respect to the Defendant’s business and violated the restriction on the operation of the vehicle of the road management authority by loading more than 10 tons out of the limited 10 tons of the 35th line of the Cr. Cr. C, the employees of C, with respect to the Defendant’s business.

2. The Constitutional Court rendered a decision of unconstitutionality on October 28, 2010 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 Article 83 (1) 2 shall also be imposed on the corporation in violation of the Constitution." Accordingly, Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) applied by the prosecutor to each of the above facts charged by the public prosecutor, the Supreme Court ruled that "if the agent, employee, or other worker of the corporation commits an offense under Article 83 (1) 2 in accordance with the provision of Article 47 (2) of the Constitutional Court Act, the portion of the above provision of the Act shall be retroactively null and void pursuant to the proviso of Article 47 (2) of the Constitutional Court Act."

Thus, since each of the above facts charged is not a crime, it is judged not guilty under the former part of Article 325 of the Criminal Procedure Act.