The defendant shall be innocent.

1. On January 22, 2001, A, an employee of the Defendant, as the driver of B truck, violated the restriction on the operation of the vehicle of the road management agency by loading more than 10 tons of the said vehicle on the line 13 national highways located in the Dondo National Road, the Dondo National Road, other than the Dondo Military, and the gross weight of more than 40 tons. However, A, as an employee of the Defendant, was in violation of the restriction on the operation of the said vehicle by loading more than 1.10 tons and 1.30 tons of the said vehicle on the 4 stable, 1.10 tons, and 5 livestock 1.30 tons.

2. The judgment prosecutor 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) to the facts charged of this case, and subsequently indicted summary charges. The summary order of KRW 50,000,000 issued by this court on Nov. 1, 2001 was finalized as is on Feb. 6, 2002.

On October 28, 2010, the Constitutional Court rendered a decision that "where an employee or any other employee of a corporation commits a violation under Article 83 (1) 2 in connection with 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 in violation of the Constitution (Supreme Court Decision 2010Hun-Ga14, 15, 21, 27, 27, 35, 38, 44, 70 (Joint) Decided October 28, 2010) (Article 86, which is applicable to the facts charged in this case, has retroactively lost its effect.

3. Conclusion, the facts charged in the instant case constitute a crime not committed.

In accordance with the former part of Article 325 of the Criminal Procedure Act, it is decided as per Disposition that the defendant shall be acquitted.