The defendant shall be innocent.

1. Around 13:30 on February 27, 2006, the summary of the facts charged is as follows: (a) the Defendant, an employee of the Defendant, loaded and operated a 45.40 tons weight exceeding 10 tons of the limited storage of freight vehicles owned by the Defendant in the 4:18 tons of the 5:10.18 tons of the 5:10.22 tons of the restricted storage of freight vehicles; and (b) 45.40 tons of the gross weight exceeding 40 tons of the 5:30 tons of the 5:34th Hacheon-gun-gun, the 34th Hacheon-gun, the Gyeongcheon-gun-gun Office of the National Road.

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.