The defendant shall be innocent.

1. On May 5, 1995, the Defendant is the owner of A truck, and around 10:00, the Defendant violated the restriction on operation by operating the said vehicle four times, such as the attached list of crimes, by operating the said vehicle with a total weight exceeding 43.77 tons at the end-of-life sewage treatment site located in Cheongju-si, Cheongju-si, a large concrete industry corporation located in the Taedong-dong, Chungcheongnam-do, Seoul Special Metropolitan City, from around 604 to the end-of-life treatment site located in Cheongju-si.

2. The part of Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005) that “if an agent, employee, or other employee of a corporation commits an offense provided for in Article 83(1)2 in connection with the business of the corporation, a fine of KRW 700,00 has been determined by the summary order subject to review, but Article 86 of the same Act provides that “if the agent, employee, or other employee of the corporation commits an offense provided for in Article 83(1)2, the corporation shall also be punished by a fine provided for in the corresponding Article,” which states that the Constitutional Court shall retroactively lose its effect by decision 2010Hun-Ga38 of Oct. 28

Therefore, the facts charged in this case constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.