The defendant shall be innocent.

1. Around August 3, 2007, around 06:35, the Defendant violated the restriction on the operation of vehicles by a road management authority, by loading and operating freight exceeding the gross weight of the freight vehicles owned by the Defendant, at the 7.4km branch office in the central line of 7.4km, in relation to the Defendant’s business.

2. The public prosecutor instituted a public prosecution by applying 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) with regard to the facts charged in the instant case, “if an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 with respect to the business of the corporation, the corporation shall be fined under the relevant Article.”

However, on July 30, 2009, the Constitutional Court rendered a decision of unconstitutionality as to the above legal provision (the Constitutional Court Order 2008HunGa17, July 30, 2009). Accordingly, the above legal provision was retroactively invalidated 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.