The defendant shall be innocent.

1. On July 14, 2006, at around 9:56, around July 14, 2006, A, an employee of the Defendant, was in violation of the Defendant’s vehicle operation restriction by loading more than 1.1 ton of the limited weight (10 ton) by operating the freight on the vehicle B in front of the Man-dong, Dong-dong, Incheon Metropolitan City, in order to have the 3th ton of the 11.1 ton of the 3th load.

2. The judgment prosecutor applied Article 86 of the former Road Act (amended by Act No. 8976, Mar. 21, 2008; hereinafter the same) to the defendant as to the facts charged in the instant case.

However, in Article 86 of the former Road Act, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an act of violating 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 (the Constitutional Court Order 2008HunGa17, Jul. 30, 200) that the provision of the above Act retroactively loses its effect pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

On the other hand, where the penal law or the legal provision becomes retroactively effective due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the pertinent provision shall be deemed to constitute a crime.

(See Supreme Court Decision 2004Do9037 Decided April 15, 2005, Supreme Court Decision 91Do2825 Decided May 8, 1992, etc.). Thus, since the facts charged in this case do not constitute a crime, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.