The defendant is innocent. The summary of this judgment shall be notified publicly.

The summary of the facts charged in this case is that B, as a C Freight driver, operated the cargo loaded at a height exceeding 4.2 meters exceeding 4.2 meters exceeding the above cargo height limit on the trucking 89.5 km in front of the Gwangju metropolitan business office in the direction of Seoul, around July 16, 2003, around 19:54, around 89.5 kilometers, and thus violated the road law. The Defendant, as the owner of the above cargo, violated the road law in relation to the Defendant’s business at the above time and place.

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 “former Road Act”) to the above facts charged and prosecuted the prosecution.

In this regard, the Constitutional Court on October 28, 2010, when an agent, employee or other worker of a corporation commits an act of violating the provisions of Article 83 (1) 2 in Article 86 of the former Road Act in relation to the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article.

Article 47(2) proviso of the former Constitutional Court Act (amended by Act No. 12597, May 20, 2014) (amended by Act No. 12597, Oct. 28, 2010) provides that “The Constitutional Court Order 2010Hun-Ga, 14, 15, 21, 27, 35, 38, 44, and 70 (Joint)” (amended by Act No. 12597, Oct. 28, 2010) was null and void retroactively.

3. According to the conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of this judgment is to be publicly announced pursuant to the main sentence of Article 440 of the Criminal Procedure Act, and this judgment