The defendant is innocent. The summary of this judgment shall be notified publicly.

The summary of the facts charged in the instant case is that “B, an employee of the Defendant, loaded and operated freight of 11.5 tons exceeding 10 tons of the limited storage to the 2 axis of C vehicle at the ebalyang business site located 261 km away from the Southern Sea Highway, around March 26, 2002, around 23:04, in relation to the Defendant’s business.”

With respect to the above charged facts, the prosecutor filed a public prosecution by applying 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).

On October 28, 2010, the Constitutional Court rendered a decision that Article 86 of the former Road Act "if an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine under Article 83 (1)."

[The Constitutional Court Order 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merged) Decided October 28, 2010] Accordingly, the aforementioned provision of law was retroactively invalidated pursuant to the proviso of Article 47(2) of the former Constitutional Court Act (amended by Act No. 12597, May 20, 2014).

Thus, since the facts charged in this case constitute a crime, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant is publicly announced pursuant to Article 440 of the Criminal Procedure Act