The defendant shall be innocent.

1. On July 25, 1996, the Defendant: (a) around 06:48 on July 25, 1996, on the part of the Defendant: (b) loaded cement on the cream vehicles at the upper 48 km line of the central highway located in Daegu Highway; and (c) operated the 14.9 tons of more than 10 tons, the road management authority limits the structure and preservation of the road and the prevention of traffic risks.

2. As to the facts charged in this case, the public prosecutor was prosecuted by applying 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) that "if an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 with respect to the business of the corporation, the corporation shall be fined under the corresponding Article."

However, after a summary order subject to review becomes final and conclusive, the Constitutional Court rendered a decision that the above part violates the Constitution (Supreme Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merged) on October 28, 2010), and the above part was retroactively invalidated in accordance with Article 47 of the Constitutional Court Act.

3. If so, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered under the former part of Article 325 of the Criminal Procedure Act.