The defendant shall be innocent.

1. The Defendant is the owner of A truck, and on June 30, 1994, with respect to his employee B’s work, around 11:11, the Defendant loaded the cargo of 10.9 tons, 3 tons, 10.3 tons, 10.9 tons, 5 tons, and 48.9 tons, with a gross weight of more than 40 tons, and operated the said vehicle by loading the cargo of 48.9 tons in excess of the gross weight of 40 tons at the 10 tons, 20.65 tons, 21.84 tons, at the 2nd-si, Seo-gu, Incheon, Seo-gu, Incheon, with a view to checking the gross weight of 10 tons at the 3nd-si, 20.65 tons, and 21.84 tons at the 2nd-si, with a view to checking the gross weight of 40.3 tons at the 193rd 193rd 1, 1994.

2. The prosecutor of the judgment applied Article 86 and Article 84 subparagraph 1 and 2 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and by Act No. 4920 of Jan. 5, 1995) to the above facts charged, and the court issued a summary order of KRW 70,000 to the defendant as of April 8, 1995, and the above summary order became final and conclusive after being notified to the defendant, but the defendant filed a request for review of the above summary order on the ground that there was a decision of unconstitutionality as to the above legal provision.

However, Article 86 of the above Act provides that "where an agent, employee, or other servant of a corporation commits an offence under subparagraphs 1 and 2 of Article 84 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article in respect of the corporation," the Constitutional Court Order 201Hun-Ga24 dated December 29, 201 and the Constitutional Court Order 201Hun-Ga18 dated October 25, 2012.