The defendant shall be innocent.

The summary of the facts charged in this case is as follows: (a) around 10:05 on May 10, 2004 with respect to the Defendant’s service, the Defendant’s employee operated B truck with freight loaded with freight to ensure that the weight of the 3 stables exceeds 1.35 tons and exceeds 1.35 tons at the front side of the Gannam Highway, thereby violating the restriction on the operation of the vehicle by the road management authority.

However, Article 86 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 applicable provisions to the facts charged in this case, provides that "where an agent, employee or other worker of a corporation commits a violation 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 decision 2010Hun-Ga38 of Oct. 28, 2010 and the proviso of Article 47 (2) of the Constitutional Court Act, which is the applicable provisions to the facts charged in this case, has retroactively lost its effect.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.