The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On June 13, 2005, the Defendant, who was an employee of the Defendant, violated the restriction on the operation of vehicles by operating more than 40 tons of the total weight restriction standard exceeding 4.1 ton in excess of 4.1 ton, while driving a B vehicle owned by the Defendant at around 10:30 on June 13, 2005.

2. The Constitutional Court Decision 2010Hun-Ga38 Decided October 28, 2010, applied the above facts charged by the public prosecutor in accordance with 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), “ When an agent, employee or other worker of a corporation commits an offense provided for in Article 83(1)2 with respect to the corporation’s business, the said corporation shall also be punished by a fine provided for in the relevant Article.

“The part of the law was ruled to be in violation of the Constitution. Accordingly, the above provision of the law was retroactively invalidated in accordance with the main sentence of Article 47(3) of the Constitutional Court Act.

Thus, the facts charged of 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, and the summary of the judgment of innocence is publicly notified under the main sentence of Article 440 of the Criminal Procedure Act