The defendant shall be innocent.

1. On July 2, 1993, A, an employee of the Defendant, was driving a cargo vehicle at a point of 46 km from the Dunk branch of the Honam Expressway on July 2, 1993, and was in violation of the restriction on the operation of the vehicle by loading the cargo exceeding a total of 1.8 tons and exceeding a total of 4.5 tons.

2. As to the above facts charged, by applying Article 86 and subparagraph 1 of Article 84 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995), a summary order of KRW 300,000 against the defendant was issued by the Seoul District Criminal Court as of Nov. 27, 1993, and the above summary order became final and conclusive around that time, but the defendant filed a petition for review of the above summary order on Jan. 31, 2013 on the ground that there was a decision of unconstitutionality on the above legal provision.

On December 29, 201, the Constitutional Court rendered a decision that "if an agent, employee, or other servant of a corporation commits an offence under Article 84 (1) in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation." On the part of Article 86 of the above Act, the Constitutional Court's decision (201Hun-Ga24) made on December 29, 201 that the above provision of the Act retroactively lost its effect.

3. In conclusion, since the facts charged in this case constitute a case that does not constitute a crime, it is so decided as per Disposition by the judgment of not guilty against the defendant under the former part of Article 325 of the Criminal Procedure Act.