The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant had his employee B drive the C Truck on December 15, 2001, and around 11:55 on December 15, 2001, B violated the restriction on vehicle operation of the road management authority by loading freight exceeding 0.50m of 3.2m of 0.7m width of the limited width from the national highway 2 line, which is located in the Camamamho-gun, Youngnam-gun, Samnam-gun, the west-gun, the Camho-gun, and operating the said vehicle.

was operated.

2. The prosecutor of the judgment applied Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005; hereinafter the same) with respect to the facts charged in the instant case to file a summary order, and the defendant was notified of the summary order subject to retrial and confirmed.

However, the Constitutional Court decided October 28, 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, and 70 (merger) that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under corresponding Article 83 (1) 2" in Article 86 of the former Road Act is in violation of the Constitution. Accordingly, the above provision of the law is retroactively invalidated in accordance with the proviso of Article 47 (2) of the Constitutional Court Act.

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