The defendant shall be innocent.

1. On September 10, 200, at around 01:17, the summary of the facts charged, C, an employee of the defendant, operated the automobile operation restriction of the road management authority by operating the 11.3 tons of freight exceeding 10 tons of limited 10 tons from the 4 axiss of D vehicles on the roads of the Korea Highway Corporation 20.4 kilometers of Gyeong Highway branch office Seoul Highway Corporation.

2. As to the facts charged in the instant case, the prosecutor charged a public prosecution by applying Articles 86 and 83(1)2 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), and the summary order subject to reexamination was notified and finalized.

However, after the above summary order became final and conclusive, the Constitutional Court rendered a decision that "where an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the relevant Article," in Article 86 of the former Road Act (the Constitutional Court Order 2010Hun-Ga38, Oct. 28, 2010) that the provision of the above Act, which is the applicable provisions of the facts charged, retroactively lost its effect.

3. In conclusion, 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.