The defendant shall be innocent.

1. On June 26, 1995, A, an employee of the defendant, loaded and operated freight of 11.3 tons at the 2 axis, in excess of 10 tons of the limitation axis of B truck owned by the defendant, at a point 24.5 kilometers in front of the inspection station in front of the point of the construction project, which is located in Korea at a point 24.5 kilometers in the direction of the mid-to-west highway. The defendant committed a violation in relation to the defendant's duties.

2. In the case where an agent, employee or other worker of a corporation commits a violation under 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), which is a legal provision applicable to the facts charged of this case, and Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005), a fine under the relevant provision shall also be imposed on the corporation.

Article 47(3) of the Constitutional Court Act provides that “The portion of the facts charged in this case shall be retroactively invalidated pursuant to the Constitutional Court’s decision of unconstitutionality [see Constitutional Court Decision 2010Hun-Ga, 14, 15, 21, 27, 35, 38, 44, 70 (Joint)] (see Constitutional Court Decision 2010Hun-Ga, October 28, 2010).” Thus, the facts charged in this case shall not be deemed a crime, and thus, shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.