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

1. The Defendant, a corporation established for the purpose of trucking transport business, etc., and, on January 22, 2002, around 08:47, the Defendant committed a violation of the Defendant’s duties by loading and operating scrap metal of 11.46 tons and gross weight of 44.98 tons on the third axis of B in excess of 10 tons of the limited axis, and gross weight of 40 tons on the road on the 7th line of the Jinjin National Road of Jinjin National Road.

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. 7832 of Dec. 30, 2005; 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 ruling that "where an agent, employee, or other worker of a corporation commits an offense provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in Article 83 (1) 2 shall also be imposed on the corporation in accordance with the Constitution" in Article 86 of the former Road Act, which applies to the defendant by a ruling of the Constitutional Court en banc Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger). Accordingly, the part of the above provision of the Act retroactively loses its effect pursuant to the proviso of Article 47 (2)

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 facts charged in this case against the defendant constitutes a crime” and Article 440 of the Criminal Procedure Act provides that “The defendant shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act and the summary of the judgment against the defendant pursuant to Article 440 of the same Act.”