The defendant shall be innocent.

1. The summary of the facts charged is a juristic person established for the purpose of cargo transport business, etc., which is the owner of B 15 tons dump truck, and around 10:05 on March 2, 1994, C, his employee, violated the restrictions on the operation of the vehicles of the road management agency in relation to the Defendant’s duties by operating the dump truck with the cargo loaded at the 2 axis and 12 tons in excess of 10 tons of the restricted axis at the vicinity of the management office of the Chungcheongbuk-gun, Y-gun, Y-gun, and 11.4 tons of the cargo loaded at the 3 stable.

2. The prosecutor charged the facts charged in the instant case by applying Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995). The Constitutional Court rendered a decision that "where an agent, employee or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall be imposed on the corporation, as well as the corporation, shall be imposed on the corporation in violation of the Constitution (see Constitutional Court Decision 2013Hun-Ga25, Nov. 28, 2013). According to the above decision of unconstitutionality, Article 86 of the above Act, which is applicable to the facts charged, has retroactively lost its effect.

3. According to the conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered under the former part of Article 325 of the Criminal Procedure Act.