The defendant shall be innocent.

1. The summary of the facts charged is as follows: (a) around 15:00 on July 3, 2005, the Defendant, an employee of the Defendant, loaded the 11.3 tons of soil on the third axis of the vehicle inspection site in front of the Gangseo-gu Seoul Metropolitan Government, and operated the C truck with a weight exceeding 1.3 tons of more than 10 tons, thereby violating the restriction on the operation of the vehicle by the road management authority.

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 of this case, and applied Articles 86, 83(1)2 and 54(1). The court issued a summary order subject to a fine of KRW 500,00 as of March 8, 2006, which issued a summary order subject to a fine of KRW 500,00,000, and around that time, the above summary order became final and conclusive.

On October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality on the ground that Article 86 of the former Road Act, which applies to the facts charged in this case, "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 for the relevant Article shall also be imposed on the corporation," is contrary to the principle of liability, and thereby, the above provision of the Act retroactively loses its effect pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

Thus, since the facts charged in this case constitute a case where there is no punishment law and it does not constitute a crime, the defendant shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, but the summary of the judgment shall not be publicly announced pursuant to the proviso of Article 58(2)

It is so decided as per Disposition for the above reasons.