The defendant shall be innocent.

1. The summary of the facts charged was that the Defendant had an employee A drive B truck on June 21, 199, and around 21:41 on June 21, 199, the Defendant violated the restriction on the operation of the vehicle by the road management authority by operating the freight at a height of 4.24 meters on the road on the 4th line of the Drown-gun National Highway of Chungcheongnam-do.

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

On October 28, 2010, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an act in violation of Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine in accordance with Article 83 (1) 2 of the former Road Act (the Constitutional Court Order 2010Hun-Ga38)" is in violation of the Constitution (the Constitutional Court Order 2010Hun-Ga38). Accordingly, the provision of the Act retroactively loses its effect pursuant to the proviso of

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of not guilty under the former part of Article 325 of the Criminal Procedure