The defendant shall be innocent.

The summary of the facts charged in the instant case is the person who is engaged in transportation business as the owner of C Truck, and around 13:10 on May 9, 1994, the Defendant violated the restrictions on the operation of vehicles by the road management authority by loading freight of 11.4 tons on the 2 axis and operating the 10 tons of limited weight exceeding 1.4 tons, in violation of the restriction on the operation of vehicles by driving the said truck with respect to the Defendant’s business.

As to each of the facts charged in this case, the public prosecutor was prosecuted by applying Articles 86 and 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); and the summary order subject to review was notified and confirmed.

On December 29, 201, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an offense under Article 84 (1) of this Act, the fine under the proviso of Article 47 (2) of the Constitutional Court Act shall also be imposed on the corporation in accordance with Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995)" that "if the agent, employee, or other worker of the corporation commits an offense under Article 84 (1) of this Act, the corporation shall be punished by a fine under the same Article shall also be imposed on the corporation," and thereby, Article 47 (2) of the Constitutional Court Act shall retroactively lose its effect.

Thus, each of the facts charged in this case constitutes a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.