The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On July 13, 1995, around 09:57, the Defendant violated the restriction on vehicle operation of the road management authority by driving the freight loaded on the 2 axis in excess of 10t of the limitation on vehicle weight of B freight vehicles owned by the Defendant in relation to the Defendant’s business on the roads of the Masan Korea Highway Corporation, which is a member of Masan City, and as an employee A, in relation to the Defendant’s business.

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 by Act No. 7832 of Dec. 30, 2005), and the summary order against which the Defendant was punished by a fine of KRW 700,000 was notified and finalized.

However, after the above summary order became final and conclusive, Article 86 of the above Act provides that "where an agent, employee, or other servant of a corporation commits an offence provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in the corresponding Article shall also be imposed on the corporation." The part of the above Article 86 of the above Act provides that "if the corporation commits an offence provided for in Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be imposed on the corporation," which is in violation of the Constitution (the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44,70

3. In conclusion, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of the defendant is publicly notified under Article 440 of the Criminal Procedure Act, and it is so decided