The defendant shall be innocent.

1. The summary of the facts charged is the owner of A truck, and the employee of the defendant is operating the above vehicle with respect to the defendant's business, and on June 4, 2007, the defendant violated the restriction on vehicle operation by the road management authority by operating the above vehicle with a gross weight of at least 44.03 tons at a high place of business in the Daejeon-Ying line.

2. The prosecutor of the judgment applied Article 86 of the former Road Act (amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Mar. 21, 2008; 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, the corporation shall be punished by a fine under the corresponding Article.) to the facts charged in this case, and the summary order against the defendant was finalized after being notified of the summary order subject to reexamination.

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 in 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.