The defendant shall be innocent.

1. On January 5, 2006, at around 16:23, the Defendant violated the restriction on the operation of the management agency by loading freight of 12.18 tons, 10.10 tons of the 3 livestock out of the 4 livestock and operating B 19 tons of freight vehicles in front of the 3 livestock 12.18 tons of the 3 livestock, the 21stnnnn of the 3 livestock road, Jincheon-gun, Jincheon-gun, Jinsan-gun, the 19 tons of the 4 livestock.

2. As to the facts charged in the instant case, the public prosecutor instituted a public prosecution by applying Articles 86 and 83(1)2 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; the summary order subject to retrial was notified and finalized.

However, after a summary order subject to review became final and conclusive, 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 pertinent Article shall also be imposed on the corporation," in Article 86 of the former Road Act, is in violation of the Constitution (Supreme Court Order 2008HunGa17 Decided July 30, 2009). Accordingly, the above provision of the Act, which is applicable mutatis mutandis to the facts charged, retroactively loses its effect pursuant to Article 47 (3) of the Constitutional Court

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.