The defendant shall be innocent.

1. Around July 11, 200, F, an employee of the Defendant, is a G 15 tons truck driver. Around July 21, 200, when he/she drives the said vehicle on the road in front of the seat office at the entrance of the Gyeong-si Highway located on the racing, he/she loaded the engine, while he/she loaded the vehicle from the racing to the 11.5 tons of more than 10 tons out of the axis while driving the vehicle, and he/she loaded the vehicle in excess of 1.5 tons of more than 1.5 tons.

2. The judgment prosecutor applied Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) with respect to the facts charged of this case to summary indictment. The summary order of KRW 300,000 issued by this court on Aug. 6, 2001 was finalized as is September 29, 2001.

On October 28, 2010, the Constitutional Court rendered a decision that "where an employee or any other employee of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," in Article 86 of the above Act, is in violation of the Constitution (Supreme Court Decision 2010Hun-Ga14, 15, 21, 27, 27, 35, 38, 44, 70 (Joint) Decided October 28, 2010) (Article 86, which is applicable to the facts charged in this case, has retroactively lost its effect.

3. Conclusion, the facts charged in the instant case constitute a crime not committed.

In accordance with the former part of Article 325 of the Criminal Procedure Act, it is decided as per Disposition that the defendant shall be acquitted.