The defendant shall be innocent.

1. Around March 6, 2003, the summary of the facts charged in the instant case violated the restrictions on the operation of vehicles by the road management authority by loading and operating the freight exceeding the gross weight of the freight vehicle B owned by the Defendant in excess of the total weight of the freight vehicle B owned by the Defendant at the 7.4km branch office in the central line of 7.4km.

2. The prosecutor of the judgment applied 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) to the part 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 in addition to the corporation shall be fined)" to the facts charged in this case, and the judgment against the defendant became final and conclusive after receiving the judgment from the defendant.

However, on October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality as to the above provision of the law (the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) on October 28, 2010), thereby retroactively invalidated the above provision of the law 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.