The defendant shall be innocent.

1. Around November 25, 2006, around 08:12, 2006, the Defendant violated the restriction on the operation of the vehicle of the road management authority by driving the said vehicle with the length of 16.7 meters exceeding 16.7 meters from the control standard for the restriction on the operation of the C Truck belonging to the Defendant in relation to the Defendant’s duties at the lower-North west 35 line of the YY-si National Road 35 line of the YY-si, Yangsan-si.

2. The prosecutor of the judgment applied Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and wholly amended by Act No. 8976 of Mar. 21, 2008) 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." As to this, the defendant was sentenced to a fine under the corresponding Article on July 26, 2007 by this Court Decision No. 2007Da712, and the above judgment against the defendant became final and conclusive.

However, the Constitutional Court rendered a decision of unconstitutionality on July 30, 2009 with respect to the above provision of the law (the Constitutional Court Order 2008HunGa17 Decided July 30, 2009). Accordingly, the above provision of the law was retroactively invalidated in accordance with the provision of Article 47(3) 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.