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

1. The Defendant was the owner of B vehicle, and on April 28, 200, around 09:42, 200, the Defendant committed the Defendant’s act of violating the Defendant’s duties by loading and operating the soil of 12.05 tons on the 2 axis of the said vehicle in excess of 10 tons of the limited axis on the road on the 1st line of the Jindo National Highway, Jindo National Highway, Jinsan-si, the Defendant’s employee, on April 28, 200.

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. 8976 of Mar. 21, 2008; 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 decision that "if an agent, employee, or other worker of an individual commits an offense provided for in Article 83 (1) 2 in connection with the duties of the individual, a fine provided for in Article 83 (2) of the Road Act shall also be imposed on the individual, the individual shall also be punished by the Constitution," and thus, Article 86 of the former Road Act, which applies to the defendant, declared by the Constitutional Court en banc Decision 2010Hun-Ga23, 24, 36, 39, 47, 50 (merger) of the same Act, is retroactively invalidated in accordance with the proviso to Article 47

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