The defendant shall be innocent.

1. On December 5, 2002, around 05:30 on December 5, 2002, the Defendant’s employee A, who was the driver of B truck, violated the restriction on the operation of the vehicle of the road management authority by operating the cargo loaded at the port of the Seo west in the direction of the 12.5 kilometer branch of the Young-dong Highway, the 12.5 kilometer branch of the Gangseo-dong Highway, exceeding 4.36 meters of the restriction

2. Article 86 and Article 83 (1) 2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which applies to the facts charged in this case, is the Constitutional Court's decision that "where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 with respect to the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," in Article 86 of the above Act, is a violation of the Constitution (the Constitutional Court's decision 2010Hun-Ga14, 15, 21, 21, 27, 35, 38, 44, 70 (combined) of the Act). The part of the above provision of the Act becomes retroactively null and void pursuant to 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.