A. On November 30, 1994, around 18:04, the Defendant violated the restriction on vehicle operation by a road management authority by loading and operating freight exceeding the limited storage weight of freight vehicles owned by the Defendant in relation to the Defendant’s business on the front side of the Korea Highway Corporation at a point of 63.5 km in Seoul, which was at the point of 18:04:0.

B. On December 24, 1994, around 15:33, the Defendant violated the restriction on the vehicle operation of the road management authority by loading and operating the freight exceeding the limited storage weight of the freight vehicles owned by the Defendant in relation to the Defendant’s duties, at the front of the Dong-based Korea Highway Corporation at a point of 179 km in Seoul, Seoul, Seoul, the Seoul, and by running the Defendant’s employees.

2. The prosecutor brought a public prosecution against the facts charged in this case by applying the provision 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 provision."

However, on December 29, 2011, the Constitutional Court rendered a decision of unconstitutionality as to the above legal provision (see Constitutional Court Order 201HunGa24, Dec. 29, 201). Accordingly, the above legal provision was retroactively invalidated in accordance with the proviso of Article 47(2) 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.