The defendant shall be innocent.

1. The Defendant is the owner of a vehicle A. In the facts charged, the Defendant, at around 16:50 on June 8, 1993, operated the vehicle with 11.6 tons exceeding 1.6 tons and 1.4 tons exceeding 3 1.4 tons in each of the aforementioned vehicles, even though he could not operate the vehicle in excess of 10 tons among the 17 lines located on the National Highway 17 line of Chungcheongbuk-gun, the Defendant could not operate the vehicle in excess of 1.6 tons.

2. The prosecutor of the judgment applied Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) to the above facts charged, and the court issued a summary order of KRW 200,00 to the defendant as of September 93, 1993, and the above summary order became final and conclusive after being notified to the defendant at that time, 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.

On December 29, 2011, the Constitutional Court rendered a decision of 201Hun-Ga24 dated December 29, 201 that "if an agent, employee, or other worker of a corporation commits an act in violation of Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the corresponding Article," and the above provision of the law was retroactively invalidated by the decision of unconstitutionality.

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