The defendant shall be innocent.

1. The summary of the facts charged is the owner of a vehicle A, who is an employee of the defendant in relation to the defendant's work, and in front of the right-hand bridge in Man-dong, Incheon Metropolitan City on June 25, 2002, the above road section limits the operation of a vehicle exceeding 10 tons of total weight 40 tons and a 10 tons of a snife, but the above vehicle operated the above vehicle while loaded the vehicle with a co-owned capacity exceeding 7.7 tons in total weight.

2. In a case where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case that was prosecuted by applying the pertinent provision constitutes a crime (see, e.g., Supreme Court Decisions 91Do2825, May 8, 1992; 2004Do9037, Apr. 15, 2005). The prosecutor was amended by Act No. 4920, Jan. 5, 1995; 86, Article 83 (1) 2, and Article 54 (1) of the former Road Act (amended by Act No. 7832, Dec. 30, 2005).

On October 28, 2010, the Constitutional Court rendered a decision that "where 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, the portion of a fine 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) shall also be punished by the Constitution."

(The Constitutional Court Order 2010Hun-Ga38, etc.). Therefore, the facts charged in this case constitute a case that does not constitute a crime, and thus, a acquittal is pronounced pursuant to the former part of Article 325