The defendant shall be innocent.

1. On December 9, 2003, the Defendant violated the restriction on the operation of vehicles by the road management authority in relation to the business of the said company by allowing the said company to drive the said truck, which is 11.2 tons of 11.2 tons of the 2nd load as it was on the road at the entrance of the main place of origin, origin, business office, and 60 Daejeon U.S. World Cup, where the driver B, who was affiliated with the Defendant, operated the C4.5 tons of truck owned by the Defendant.

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 a violation under Article 83 (1) 2 with respect to the business of the corporation, the corporation shall be punished by a fine under the corresponding Article." On March 12, 2004, the defendant was issued a summary order on March 12, 2004 and the above summary order on March 28, 2004 became final and conclusive.

However, the Constitutional Court rendered a decision of unconstitutionality as to the above legal provision (the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merged) Decided October 28, 2010), and the above legal provision was retroactively invalidated 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.