The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is a juristic person established for the purpose of cargo transport business, etc., which is the owner of freight vehicles B 11 ton, and C, an employee of his business, performed a violation against the operation of the said freight vehicle exceeding 0.21 meters at the office of the Korea Highway Corporation located at the 342.7 kilometers Busan Highway from the 342.7 kilometer branch office located at the Don Highway, Busan Highway, in order to preserve the structure of the road and prevent traffic dangers, exceeding 4.2 meters at a 0.21-meter radius.

2. The determination and conclusion prosecutor filed a public prosecution on the above facts charged by applying Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 8976, Mar. 21, 2008; hereinafter the same).

On October 28, 2010, the Constitutional Court rendered a decision 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, a fine under the relevant Article shall also be imposed on the corporation" (the Constitutional Court en banc Decision 2010Hun-Ga14152738470, Oct. 28, 2010) that the provision of the Act retroactively loses its effect pursuant to the proviso of Article 47 (2) 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 defendant's case which was prosecuted by applying the relevant provision shall be deemed to be a crime.

If so, the facts charged in this case constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.