On September 28, 2020, the defendant filed a request for retrial on September 28, 202, and this court rendered a decision to commence retrial on October 19, 2020 on the ground that there were grounds for retrial under Article 47(4) and (3) of the Constitutional Court Act in a summary order subject to retrial. The decision to commence retrial became final and conclusive around that time.

2. The summary of the facts charged is that the Defendant, who is an employee, should exercise due care and supervision to prevent excessive operation of the Defendant’s business in the operation of the C Truck in connection with the Defendant’s business, and as such, he neglected to do so on November 16, 1994, and thus, he could not operate more than 10 tons on the street at a point of 48 kilometers in the knife line of the Yannam Highway Business Office, the Chungcheongnamnam Highway Business Office, the 16:24 on November 16, 1994, but he loaded and operated the freight of 11.3 tons on the 4 axis.

3. Where the Acts and subordinate statutes on punishment have retroactively lost its validity due to the decision of unconstitutionality by the Constitutional Court, a prosecuted case against which a public prosecution was instituted by applying the relevant Acts and subordinate statutes shall be pronounced not guilty under Article 325

(see, e.g., Supreme Court en banc Decision 2010Do5986, Dec. 16, 2010). When an agent, employee, or other worker of a corporation commits an offense under Article 86 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995) in Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995).