[2015 Godan911] The Defendant had D, an employee, drive E 15t dump trucks with respect to his duties. D, around April 11, 1994, at around 37:58, operated the 12t and 12t dump cargo on the national highway located at the 37th national highway where fish maintenance dump is located, and violated the restriction on the operation of vehicles by the road management authority.

2. As to each of the facts charged in the instant case, the public prosecutor applied Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; hereinafter the same) to the summary order, and the summary order subject to retrial was notified and confirmed.

On December 29, 2011, the Constitutional Court rendered a decision (the Constitutional Court Order 2011HunGa24, Constitutional Court Order) that "if an agent, employee, or other servant of a corporation commits an offence under Article 84 subparagraph 1 of the former Road Act in connection with the business of the corporation, the corporation shall also be punished by a fine under Article 84." This provision is retroactively null and void pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

Thus, each of the facts charged in this case constitutes a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.