The defendant shall be innocent.

1. Around September 3, 2005, the summary of the facts charged is as follows: (a) around 18:03, the Defendant violated the restrictions on the operation of vehicles by the road management authority by loading and operating freight exceeding 0.2m of the limit of the CF vehicle owned by the Defendant with respect to the Defendant’s business at the Gu Ri business office located at a point of 26.9km of the Seoul Southern Metropolitan Highway; and (b) the Defendant’s employee, at the Gu Ri business office

2. The judgment and the conclusion of the prosecutor applied the provision of 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) 2 with respect to the business of the corporation, a fine under the corresponding Article shall be imposed on the corporation," and the defendant was issued a summary order subject to review and the above summary order against the defendant became final and conclusive.

However, on October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality as to the above provision of the law (the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) on October 28, 2010), thereby retroactively invalidated the above provision of the law 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.