The defendant shall be innocent.

1. The summary of the facts charged is a corporation with the purpose of trucking transport business, etc., and A is an employee of the defendant, who drives B Skmanian.

On July 17, 2007, the Defendant, an employee of the Defendant, was in violation of the restriction on the operation of vehicles of Korea Road Corporation, a road management agency, by operating the said truck with construction machinery of more than 40 tons and more than 44.63 tons, the gross weight of which is restricted to the above truck, at the 19.5km in Korea, the 12:30km point in the YY, the 17th 17th 12:0,000, and thereby violating the restriction on the operation of vehicles of Korea Road Corporation.

2. The prosecutor of the judgment applied Articles 86, 83(1)2, and 54(1) 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; hereinafter the same) to the above facts charged and prosecuted the case. On July 30, 2009, the Constitutional Court imposed a fine under Article 83(1)2 of the former Road Act on the company's agent, employee, or other worker.

“The part of the unconstitutionality Decision (The Constitutional Court Order 2008Hun-Ga17) rendered a decision that the unconstitutionality is in violation of the Constitution. Accordingly, according to the above unconstitutionality Decision, the part of the above unconstitutional provision, which is the legal provision applicable to the facts charged, was retroactively invalidated.

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.