Defendant

At around 21:00 on December 24, 1993, C, a freight driver affiliated B, violated the restrictions on the operation of vehicles of the road management authority by loading and operating freight of 10.5 tons and 11.2 tons on the second axis of the above vehicle in excess of 10 tons of the restricted axis at the front side of the Gyeongan-si 518 Gyeong-si, Jungju-si, Gyeonggi-si, the Korea Highway Corporation located in Gwangju-si, and in excess of 10.5 tons of the restricted axis.

Accordingly, the defendant, who is his employee, caused C to commit the above violation in relation to the defendant's business.

2. The prosecutor indicted the charged facts of this case by applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of March 10, 1993, and amended by Act No. 4920 of January 5, 1995).

However, on December 29, 2011, the Constitutional Court rendered a decision of unconstitutionality on the part of Article 86 that "where an agent, employee, or other servant of a corporation commits an offence provided for in subparagraph 1 of Article 84 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation (see, e.g., Constitutional Court Order 201Hun-Ga24, Dec. 29, 201). Accordingly, Article 47 (2) of the former Constitutional Court Act (amended by Act No. 12597, May 20, 201) retroactively lost its effect.

3. In conclusion, the facts charged in this case constitute a crime and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.