On June 5, 1993, when driving the said vehicle at a point of 273 kilometers in the west-do, Haak-gun, Pacific-dong, Pacific-gun, Pacific-dong, in which case the said vehicle is excessively loaded in excess of 1.4 tons in that vehicle with a weight of at least 1.4 tons in weight of 3 tons, even though the traffic restriction has been imposed on vehicles exceeding 10 tons in the above area, and 1.1 ton in weight of 4 tons;

B. Defendant A Co., Ltd. (formerly: A.) is a 1. Suspect engaged in driving service with the same crime as the former “A” in relation to his duties.

2. The public prosecutor instituted a public prosecution against the facts charged of this case by applying the part of 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) that "if an agent, employee or other worker of a corporation commits a violation under Article 84 (1) with respect to the business of the corporation, the corporation shall be punished by a fine under the corresponding Article." Accordingly, the defendant was issued a summary order of KRW 300,000 as of Nov. 15, 1993 and the above summary order became final and conclusive.

However, on December 29, 2011, the Constitutional Court rendered a decision of unconstitutionality as to the above legal provision (the Constitutional Court Order 201HunGa24 Decided December 29, 201). Accordingly, the above legal provision was retroactively invalidated in accordance with the provision of Article 47(3) of the Constitutional Court Act.

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.