The defendant shall be innocent.

The summary of the facts charged in this case is that the defendant's employee operated the cargo loaded in excess of the limit limit to the vehicle owned by the defendant company on April 1, 1995 in relation to the defendant's business.

With respect to the facts charged in this case, the prosecutor prosecuted by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005) and notified the court of summary order of KRW 500,000.

However, after the above summary order became final and conclusive, the Constitutional Court rendered a decision that "where an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the relevant Article." (The Constitutional Court Order 2008HunGa17 delivered on July 30, 2009) that "The provisions of the above Act, which are applicable provisions of the facts charged, retroactively lose its effect."

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.