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

1. The summary of the facts charged is as follows: B, a driver of the vehicle under his control, operates the vehicle at a point 332.4 km from the Southern Sea Highway at a point 332.4 km on December 26, 2001 in excess of 10 tons and 11.4 metric tons on May 2, 2001, thereby causing its employee to violate the restriction on the operation of the vehicle by the road management authority.

2. The public prosecutor filed a public prosecution against the defendant by applying Articles 86 and 83(1)2 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 in this case.

However, the part of Article 86 of the former Road Act that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the relevant Article." Thus, the Constitutional Court rendered a decision that the relevant provision of the same Act is in violation of the Constitution (see, e.g., Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (combined) decided Oct. 28, 2010); and the provision of the same Act retroactively loses its effect pursuant to the proviso to Article 47 (2) of the former Constitutional Court Act (Amended by Act No. 12597, May 20, 2014).

Thus, the facts charged of this case constitute a case that does not constitute a crime, and thus, 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 the main sentence