The defendant shall be innocent.

1. On November 19, 199, at around 17:05, the Defendant’s employee A operated the freight of 44.1 ton of B 25 ton of B at the Eup/Myeon office of Honam Highway, and operated the freight of 4.1 ton of B 25 to more than 4.1 ton of the restricted axis. On November 22, 199, the Defendant’s employee A operated the freight of 46 ton of the said truck at the place of business located on the Honam Expressway Highway around 12:33 of the same year and operated the freight of 46 ton of the restricted axis.

2. In the case where an agent, employee, or other worker of a corporation commits a violation under Article 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), which is the legal provision applicable to the facts charged of this case, and Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005), which is the legal provision applicable to the facts charged of this case,

The Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) decided on October 28, 2010, which became retroactively invalidated pursuant to Article 47(3) of the Constitutional Court Act.

In addition, where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the case which was prosecuted by applying the relevant provisions shall be deemed to be a crime.

Thus, the facts charged of this case constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.