The defendant shall be innocent.

1. On September 11, 1993, at around 05:05, the driver C of the company B, which is a summary of the facts charged, loaded fluort coal into D-powered vehicles in front of the vehicle movement control station in the construction department in the south-gun, and operated from E to Gwangju in front of the vehicle movement control station in the south-gun, and loaded 15 tons of the above vehicle and 13.5 tons of the cargo at the 2 axis of the vehicle and 13.5 tons of the cargo at the 3 axis and operated in excess of 5 tons of the 3 stable and 3.5 tons of the load.

Although the defendant should thoroughly educate and supervise the company to prevent the overworking of the company, he neglected to do so.

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 November 29, 2011, the Constitutional Court rendered a decision (the Constitutional Court Order 2011HunGa24, Constitutional Court Order) 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 be punished by a fine under Article 84 (2) of the Act shall also be imposed on the corporation." This provision of the Act retroactively loses its effect pursuant to the proviso of 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 case which was prosecuted by applying the relevant provisions shall be deemed to be a crime.

3. In conclusion, the facts charged in this case constitute a crime and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.