도로법위반
The defendant is innocent.
The summary of the facts charged in this case is that the defendant's employee C, on September 6, 1994, was loaded with the freight exceeding the limit of the D vehicle on the road in front of the Gyeongmun-gu Office for Gyeongmun-si and operated the freight in excess of the limit of the D vehicle on the road.
However, Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) which is the applicable provisions of the above facts charged retroactively loses its effect according to the Constitutional Court's decision of unconstitutionality on Dec. 29, 201.
Thus, the facts charged in this case constitute a case that does not constitute a crime and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.