The defendant shall be innocent.

1. At around 10:00 on April 14, 1997, A, an employee of the Defendant, operated the Defendant’s business at a Dong-source branch of Ansan Expressway 3.4km and the 11.8 tons of cargo loaded at the 2 livestock shed in excess of 10 tons of the limited storage, thereby violating the road management authority’s restriction on the operation of the Defendant’s business.

2. As to the facts charged in this case, the public prosecutor was prosecuted by applying 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), and the summary order of KRW 500,000 was notified and confirmed by the above court.

However, after the above summary order became final and conclusive, Article 86 of the above Act provides that "where an agent, employee, or other worker of a corporation commits an act in violation of Article 83 (1) 2 in connection with the business of the corporation, a fine for negligence under the corresponding Article shall be imposed on the corporation," which is in violation of the Constitution (the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (combined)).

According to the decision of unconstitutionality, the applicable provisions of the facts charged in this case, which relate to the criminal defendant's employees, were retroactively invalidated.

3. If so, the facts charged in this case constitute a case that does not constitute a crime, and thus, it is so decided as per Disposition by the decision of not guilty of the defendant under the former part of Article 325 of the Criminal Procedure Act.