The defendant shall be innocent.

1. On January 30, 2004, around 20:57, the summary of the facts charged in the instant case was operated by the Defendant, at the Seoul Business Office located 406 km in Busan, and the Defendant’s employees, at the Seoul Business Office, in excess of the limited load with respect to the Defendant’s business.

2. The prosecutor of the judgment applied the part of 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) 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." The defendant received a summary order subject to retrial, and the above summary order against the defendant became final and conclusive.

However, on October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality as to the above provision of the law (the Constitutional Court Order 2010HunGa38) and thereby, the above provision of the law became retroactively null and void 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.