The defendant shall be innocent.

1. The Defendant is the owner of B truck. On September 14, 1994, at around 10:10 on September 14, 1994, the Defendant violated the restriction on operation by operating the said vehicle with the volume of 13.25 tons on the 2 axis, and 13.25 tons on the 3 axis, in excess of 10 tons in front of the original village inspection station located in the Daejeon Pungdong-gu, Daejeon, for his employees.

2. The judgment prosecutor applied Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, by Act No. 4920 of Jan. 5, 1995), and applied Article 86 and Article 84 subparagraph 1 of the former Road Act, and the punishment of a fine of KRW 200,000 was finalized by a summary order subject to review. However, if an agent, employee or other worker of a corporation commits an offense under Article 84 subparagraph 1 of the said Act, the corporation shall also be punished by a fine under the said Article.

“The portion of the Constitutional Court Decision 2011 Constitutional Court Order 2011Hun-Ga, dated December 29, 201, retroactively lost its effect.

Therefore, the facts charged of 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.