The defendant shall be innocent.

1. On November 15, 1994, at around 15:53 on November 15, 1994, A, an employee of the defendant, loaded freight of 11.2 tons of B freight trucks on the 2 axis of B freight vehicles on the highway in front of the business office located in the Chungcheongnam-gu, Chungcheongnam-gu, Seoul metropolitan area, and driven the road without exceeding 10 tons of the limited axis.

2. The former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995) which is a legal provision applicable to the facts charged of this case, where an agent, employee or other worker of a corporation commits an offense under Article 84 subparagraph 1 of the Act in connection with the business of the corporation, the corporation shall also be fined under the corresponding Article.

Article 47(3) of the Constitutional Court Act was retroactively invalidated on December 29, 201 by a ruling of the Constitutional Court, such as Constitutional Court 2011Hun-Ga24 decided on December 29, 201.

In addition, where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the case which was prosecuted by applying the relevant provisions shall be deemed to be a crime.

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