The defendant shall be innocent.

1. The summary of the facts charged in the instant case is the driver of the B truck to which the Defendant belongs.

A On January 3, 1999, around 14:39, the 11.7 tons higher than 10 tons at the business office of Honam Highway, and violated the restrictions on the operation of vehicles of the Road Management Agency by operating the said truck.

Accordingly, A, an employee of the defendant, committed a violation as above in relation to the defendant's business.

2. The judgment prosecutor applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and by Act No. 7832 of Dec. 30, 2005) to a summary order subject to review and the punishment of a fine of KRW 500,00 was finalized by a summary order subject to review. However, if an agent, employee or other worker of a corporation commits a violation under Article 83(1)2 of the said Act in Article 86 of the said Act, the said corporation shall also be punished by a fine under the said Article.

“The portion of the Constitutional Court Decision 2010Hun-Ga, October 28, 2010, ruled 2010, retroactively lost its effect.

Therefore, the facts charged of 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.