The defendant shall be innocent.

1. On June 5, 2004, the Defendant violated the restriction on the operation of the vehicle of the road management agency by failing to comply with the request of the road management agency for loading measurement while the Defendant’s employee was operating freight vehicles owned by the Defendant in relation to the Defendant’s business at the fixed type inspection station of the 14th National Highway located in Ulsan-gun, Yangyang-gun, Ulsan-gun, Ulsan-do, Incheon-do. The Defendant violated the restriction on the operation of the vehicle of the road management agency without justifiable grounds.

2. The prosecutor of the judgment shall also impose a fine under 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) with respect to the facts charged of this case where the agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 3 in relation to the business of the corporation.

A public prosecution was instituted by applying the part "," and the defendant was sentenced to a judgment subject to review and the above judgment against the defendant became final and conclusive.

In this regard, on December 29, 2011, the Constitutional Court rendered a decision of unconstitutionality as to the above provision of the law (Supreme Court Decision 201Hun-Ga20 Decided December 29, 201). Accordingly, the above provision of the law was retroactively invalidated in accordance with the provision of Article 47(3) of the Constitutional Court Act.

Thus, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.