The defendant shall be innocent.

1. On December 3, 2002, the defendant had his employee B drive the C Truck, and around December 3, 2002, B violated the restriction on the operation of the vehicle by carrying freight of 15.5t and 15.89t on the 3 axis in excess of 10t of the restriction 10t out at the National Road 16 line Scong-ri, the National Road 16 line, which was on the upper part of the Jeju Southernnam-gun, which was on the upper part of the 16 line, on December 3, 2002.

2. The prosecutor of the judgment 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; hereinafter the same) with respect to the facts charged in the instant case to file a summary order, and the defendant was notified of the summary order subject to retrial and confirmed.

However, the Constitutional Court decided October 28, 2010 Hun-Ga14, 15, 21, 27, 35, 38, 44, and 70 (merger) that "if an agent, employee, or other worker of a corporation commits an offense 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 former Road Act is in violation of the Constitution. Accordingly, the above provision of the law is retroactively invalidated in accordance with the proviso of Article 47 (2) of the Constitutional Court Act.

Therefore, the facts charged in 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.