The defendant shall be innocent.

The summary of the facts charged in this case is that C, an employee of which, around October 28, 1994, operated D dump trucks owned by the Defendant in the state of overflow of 10 tons among the 3 dump trucks in excess of 10 tons among the limited axiss at the lower hump station of Sam-gun, Gangwon-do, Gangwon-do, at around 21:39 on October 28, 1994 in relation to the Defendant’s business.

As to the above charged facts, the prosecutor charged a public prosecution by applying Article 86, Article 84 subparagraph 1 and Article 54 (1) of the former Road Act (amended by Act No. 4545 of March 10, 1993, and amended by Act No. 8976 of March 21, 2008; hereinafter the same shall apply) to the above charged facts.

On October 28, 2010, the Constitutional Court rendered a decision 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" (the Constitutional Court en banc Decision 2010Hun-Ga14152738470, Oct. 28, 2010) that the provision of the Act retroactively loses its effect pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

In addition, where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provision shall be deemed to be a crime.

If so, the facts charged in this case constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.