The defendant shall be innocent.

1. On August 4, 2003, the Defendant is the owner of a vehicle A, and around 10:54 on his duties, the Defendant, who is the employee of the Defendant, operated the vehicle of the Korea Highway Corporation as loaded with freight of 11.1 ton of the 3 livestock, exceeding 10 tons of the restricted livestock, at a female business office located at a point of 94.3km in the Incheon direction of the Young-dong Highway.

2. The prosecutor brought a public prosecution against the above charged facts by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and amended by Act No. 7832 of Dec. 30, 2005) to the above charged facts.

However, Article 86 of the above Act provides that "if an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation." The Constitutional Court rendered a decision that 2010Hun-Ga38 dated October 28, 2010 that the above provision of the law shall be unconstitutional. In accordance with the above decision of unconstitutionality, the above provision of the law shall retroactively lose its effect.

3. In conclusion, 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.