The defendant shall be innocent.

1. The summary of the facts charged is as follows: C, an employee of the Defendant, loaded and operated freight exceeding 11.2 tons from 2 to 10 tons from 10 tons from 10 tons from 10 tons from 19:20 on December 2, 1994 to 94.5ki from 10:00 a.m. 13:25 on December 2, 1994 with respect to the Defendant’s business.

2. As to the above charged facts, the prosecutor charged a public prosecution by applying Article 86, Article 84 subparag. 1 and Article 54(1) of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995).

Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995) provides that "where an agent, employee, or any other employee of a corporation commits an offense under Article 84 subparagraph 1 in connection with the business of the corporation, a fine under the relevant Article shall be imposed on the corporation," the Constitutional Court rendered a decision that "if the agent, employee, or any other employee of the corporation commits an offense under Article 84 subparagraph 1 of the same Act, the relevant fine under the relevant Article shall be imposed on the corporation," and accordingly, Article 47 (2) of the former Constitutional Court Act (amended by Act No. 12597, Dec. 29, 201) shall retroactively lose its effect pursuant to the proviso to Article 47 (2) of the former Constitutional Court Act.

Thus, the facts charged in this case constitute a crime and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.