The defendant shall be innocent.

1. Around December 15, 1995, the Defendant violated the restriction on the operation of vehicles of the Road Management Agency by loading and operating freight exceeding 11.5 tons and 27.4 tons of restricted load exceeding 10 tons in excess of 10 tons of limited load on the third axis, on the part of the Defendant’s employees, at around 20.4 kilometers in Seoul located at the 20.4 kilometers of the drive of the Gyeong Highway. In relation to the Defendant’s duties, A, an employee of the Defendant, violated the restriction on the operation of vehicles of the Road.

2. The public prosecutor instituted a public prosecution against the facts charged of this case by applying the provision of Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) that "where an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the corresponding Article shall be imposed on the corporation," and the defendant received a summary order subject to review and confirmed the above summary order against the defendant.

In this regard, the Constitutional Court rendered a decision of unconstitutionality on October 28, 2010 with respect to the above provision of the law (Supreme Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (Joint) Decided October 28, 2010) and thus, the above provision of the law was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

Thus, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.