The defendant shall be innocent.

1. A, a summary of the facts charged, as the driver of the freight vehicle, violated the restrictions on operation, such as loading and operating construction works for the 11.1 ton of the 5 livestock, in excess of 10 ton of the 10 ton of the 5 livestock, at around 17:01, around November 29, 1995, at a point of 64.5 km in the Doknam Highway branch prior to the construction work, at the Doksan branch office prior to the construction work, at the Doksan branch office.

2. The prosecutor of the judgment applied Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005; hereinafter the same) to the above facts charged, and brought a public prosecution for the above facts charged. The Constitutional Court of Korea on Oct. 28, 2010 in Article 86 of the former Road Act (amended by Act No. 83(1)2 on Oct. 28, 2010, when an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 of the former Road Act, the corporation shall also be punished by a fine under the corresponding Article.

“ Inasmuch as the Constitutional Court 2010 Constitutional Court 14, 15, 21, 27, 35, 38, 44, 70 (Joint) rendered a decision that the part of the instant facts charged is unconstitutional (see Constitutional Court 2010 Constitutional Court 14, 15, 21, 27, 35, 38, 44, 70 (Joint)), the said provision, which

3. In conclusion, 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.