The defendant shall be innocent.

1. The Defendant is the owner of a vehicle A, and around 04:52 on March 15, 1997, the Defendant, who is an employee of the Defendant, operated the vehicle with the load of 45.1 ton exceeding 5.1 ton, even though he could not operate more than 10 ton of 5 ton of more than 1.1 ton, and the total weight of 40 ton, even though he could not operate more than 1.1 ton of 5 ton at the Korea Highway Corporation Kimcheon-cheon Office (hereinafter referred to as the “Korea Highway Corporation”).

2. The prosecutor of the judgment applied Article 86 and Article 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) to the above facts charged, and the court issued a summary order of KRW 70,00 to the defendant as of June 97, 1997, and the above summary order became final and conclusive after being notified to the defendant, but the defendant filed a request for review of the above summary order on the ground that there was a decision of unconstitutionality as to the above legal provision.

On October 28, 2010, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation." On the part of Article 86 of the above Act, the Constitutional Court rendered a decision that the above provision of the law shall be unconstitutional. In accordance with the decision of unconstitutionality, the above provision of the law shall retroactively lose its effect.

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, it is so decided as per Disposition by deciding not guilty of the defendant under the former part of Article 325 of the Criminal Procedure