The defendant shall be innocent.

1. On December 30, 1993, at around 02:15, the summary of the facts charged, A, an employee of the Defendant, violated the road management authority’s restriction on vehicle operation by loading freight of 12.1 ton, 14 ton, 14 ton, and 41.6 ton of total weight of 41.6 tons on the front of the principle of oil in the case of a petition filed by the Haan-nam Haan-gun, Gyeongnam-gun, the Defendant’s employee of the facts charged.

2. The prosecutor of the judgment applied 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; hereinafter the same) to the above charged facts and prosecuted the prosecution.

On December 29, 2011, the Constitutional Court rendered a decision that "if an agent, employee, or other servant of a corporation commits an offence under Article 84 subparagraph 1 of the former Road Act in connection with the business of the corporation, the corporation shall also be punished by a fine under the relevant Article," in Article 86 of the former Road Act, is in violation of the Constitution (the Constitutional Court en banc Decision 201Hun-Ga24, Dec. 29, 201). Accordingly, the said provision of the Act retroactively loses its effect pursuant to the proviso to Article 47 (2) of the Constitutional Court Act.

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

If so, the facts charged in this case constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.