The defendant shall be innocent.

The summary of the facts charged in the instant case is as follows: (a) around 05:44 April 21, 2002, an employee of the Defendant violated the restriction on the operation of a vehicle by a road management authority by operating a B truck with freight loaded with freight to have a 11.01 ton of a 3 livestock weight exceeding a limited weight of 11.01 tons at the front of the Seoul branch office of the Korea Highway Corporation located in the 196-10-dong-dong, Sungnam-gu Seoul Metropolitan City.

However, Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions to the facts charged in this case, provides that "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 under the relevant Article shall also be imposed on the corporation." The Constitutional Court decision 2010Hun-Ga38 of Oct. 28, 2010 and the proviso of Article 47 (2) of the Constitutional Court Act, which is the applicable provisions to the facts charged in this case, has retroactively lost its effect.

Thus, the facts charged in 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.