The defendant shall be innocent.

1. The summary of the facts charged is as follows: (a) the Defendant, as the owner of IF Truck, had J, who has driven the above truck with respect to his duties, 10 tons of gross weight, 40 tons in total weight, 16.7m in length, 4m in height, 2.5m in the road on which excessive operation of 2.5m wide, 17.70 tons, 4 stable 18.50 tons, 50 tons, 50 tons, 58.10 tons, 20.80 tons of gross weight, 27.5 tons, 370 tons, 37.70 tons, 8.70 tons, 80.80 tons of gross weight, 27.5 tons, 37.70 tons, 47.40 tons, 408.10 tons, 50 tons or more in total, which are loaded to the authorities.

2. The prosecutor of the judgment applied 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) to the part that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 with respect to the business of the corporation, the corporation shall be fined under the corresponding Article." The defendant was sentenced to review and the judgment against the defendant became final and conclusive.

However, on October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality as to the above provision of the law (the Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (merger) on October 28, 2010), thereby retroactively invalidated the above provision of the law in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

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.