The defendant shall be innocent.

1. The summary of the facts charged C is about October 7, 2002 at around 09:11, and around 11.01 tons exceeding 1.01 tons of the limitation 1.01 tons of the above vehicle at the Seocho Seoul Metropolitan business office at a point of 327.2km from the 327.2km point, and operated with more than 1.01 tons of the limitation 1.01 tons of the above vehicle, and the Defendant, an employee C, committed such a violation as above with respect to the business of the same corporation.

2. The Constitutional Court rendered a decision of unconstitutionality as to the portion of Article 86 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 applies to the facts charged in this case by a prosecutor, to the effect that "where 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, a fine under the corresponding Article shall be imposed on the corporation." Accordingly, the above provision of the Act retroactively loses its effect pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

3. According to the conclusion, the facts charged in this case constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.