The defendant shall be innocent.

1. Around 04:53 on August 17, 2007, the summary of the facts charged is as follows: A, an employee of the Defendant, loaded and operated freight exceeding 10 tons of the limited 12.55 tons of freight vehicles owned by the Defendant at the Korea Highway Corporation, Seoul Metropolitan Office having 327.5km in order to carry the Defendant’s duties at the order of Seoul Metropolitan Office, which is 327.5km in order to restrict the operation of the vehicle.

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.