The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The defendant against the defendant is a corporation established for the purpose of cargo transport and storage business. On September 22, 2003, at around 14:20 on September 22, 2003, the defendant committed a violation in relation to the defendant's business by loading and operating a container of 3.0 meters wide on B vehicle in excess of 2.5 meters wide by A, an employee of the defendant, at the vehicle inspection station on the line of the Masan National Road No. 5, Masan-gun, Gyeongwon-gun, Masan National Road.

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) to the defendant's summary order as to the facts charged in this case, and the summary order was issued and confirmed as they are.

On October 28, 2010, the Constitutional Court rendered a ruling that "where an agent, employee, or other worker of a corporation commits an offense provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in Article 83 (1) 2 shall also be imposed on the corporation in accordance with the Constitution" in Article 86 of the former Road Act, which applies to the defendant by a ruling of the Constitutional Court en banc Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger). Accordingly, the part of the above provision of the Act retroactively loses its effect pursuant to the proviso of Article 47 (2)

On the other hand, where the penal law or the legal provision becomes retroactively effective due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the pertinent provision shall be deemed to constitute a crime.

(2) Article 325 of the Criminal Procedure Act provides that “The charges of this case against the defendant shall not be charged as a crime” (see, e.g., Supreme Court Decision 2004Do9037, Apr. 15, 2005). Thus, since the facts charged against the defendant constitute a crime, the defendant shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure