The defendant shall be innocent.

1. On October 11, 2006, B, an employee of the defendant, violated the restriction on vehicle operation of the road management authority by over-10 tons out of the limitation on vehicle operation of C truck vehicles at the 10 tons of the limitation on the reduction of the C truck vehicle on the roads, which was located on the Yyang-gun, Yangyang-gun National Highway, Jungyang-gun, Seoul National Road, which was located on the road.

2. As to the facts charged in the instant case, the public prosecutor instituted a public prosecution by applying Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Mar. 21, 2008; and issued a summary order that is subject to retrial by recognizing this as guilty by the court.

However, after the summary order subject to review becomes final and conclusive, the Constitutional Court rendered a decision that "where an agent, employee, or other worker of a corporation commits an offense provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation" in Article 86 of the above Act shall also be imposed on the corporation in violation of the Constitution (Article 83 (1) 2 of the above Act). Accordingly, the provision of the above Act, which is a penal provision for the facts charged in this case, has retroactively lost its effect.

3. In conclusion, the facts charged in this case against the defendant constitute a crime and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.