The defendant shall be innocent.

1. On December 10, 2001, A, an employee of the Defendant of the facts charged of the instant case, operated around the road at a point 51.9 km away from the front of the Hannungpo-ro, the outer flow road of Seoul, the total weight of which exceeds 4.1 tons, and violated the restriction on the vehicle operation of the road management authority in relation to the Defendant’s duties.

2. Of the applicable provisions of the facts charged in this case, Article 86 of the former Road Act, which is a joint penal provision, “where an employee of a corporation commits an offense provided for in Article 83(1)2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation.” The Constitutional Court rendered a judgment of unconstitutionality that the pertinent provision of the same Act is unconstitutional on October 28, 2010. Accordingly, the aforementioned provision of the same Act was retroactively invalidated.

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.