The defendant shall be innocent.

1. On March 9, 2005, at around 10:13:0 on March 10, 2005, A, a A, a A, a A, a criminal driver of A, who is a criminal defendant company, had a cement loaded a cement to have more than 11.690 tons (ton) on the 4 axis of the above vehicle, while driving his/her vehicle A, while driving his/her vehicle B, for about 10 tons, while driving his/her vehicle B, A.

2. According to the records, the court issued a summary order subject to retrial to the defendant company by applying 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) that "if an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 3 in connection with the business of the corporation, the corporation shall be punished by a fine under the corresponding Article." The above summary order was finalized at that time.

However, the Constitutional Court made a decision of unconstitutionality on December 29, 201 with respect to the above provision of the law (the Constitutional Court Decision 2011Hun-Ga20, 21 (merged) decided on December 29, 201), and the above provision of the law retroactively lost its effect 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 company is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.