The defendant shall be innocent.

1. The summary of the facts charged is as follows: A, an employee of the Defendant, loaded and operated a mixed petroleum of more than 11.02 tons from among the limited storages of freight vehicles exceeding 10 tons in the vehicle owned by the Defendant, on the road, at a point of 273 kilometers in order to catch 273 kilometers in the direction of the west Coast Highway, at around December 13:35, 2006, and around January 23:28, 2007, the Defendant violated the restriction on the vehicle operation of the road management authority by loading and operating a mixed petroleum of more than 13.07 tons in the above vehicle at the above location.

2. The public prosecutor instituted a public prosecution against the facts charged by applying the provision of Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and wholly amended by Act No. 8976 of Mar. 21, 2008) that "if an agent, employee or other worker of a corporation commits an offense under Article 83 (1) 2 with respect to the business of the corporation, the corporation shall be fined under the corresponding provision." Accordingly, the summary order subject to review against the defendant issued by the court became final and conclusive.

However, the Constitutional Court rendered a decision of unconstitutionality on July 30, 2009 with respect to the above legal provision (the Constitutional Court Order 2008HunGa17 Decided July 30, 2009). Accordingly, the above legal provision was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

Thus, the facts charged 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.