The defendant shall be innocent.

The summary of the facts charged in the instant case is that “the Defendant violated the restriction on the operation of the vehicle by allowing his employees to operate B/L in excess of the limit of the 2-scale weight on the road near the elderly business office on November 3, 2004, around 00:10 on November 3, 2004.”

The prosecutor prosecuted the above charged facts by applying the joint penal provisions under 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). As to this, the summary order of KRW 300,000 through the summary order subject to review was notified and finalized.

However, after the above summary order became final and conclusive, the Constitutional Court rendered a decision that Article 86 of the above Act is in violation of the Constitution against the principle of responsibility (Supreme Court Order 2010HunGa38 Decided October 28, 2010) and thus, the above legal provision, which is a applicable provision of the facts charged, retroactively loses its effect.

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