The defendant shall be innocent.

1. On June 15, 2006, around 16:28, the Defendant violated the restriction on vehicle operation of the road management authority by loading and operating freight exceeding the limited storage weight on the C Freight Vehicles owned by the Defendant in relation to the Defendant’s duties, at the front of the 76.9km point of the Incheon coastline, the Korea Highway Corporation, 76.9km point in front of the main office of the Korea Highway Corporation.

2. The prosecutor of the judgment applied Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and amended by Act No. 8976 of Mar. 21, 2008) to the part 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 Article." In response, the defendant received a summary order subject to review and confirmed the above summary order against the defendant.

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 above facts charged 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.