The defendant shall be innocent.

1. Summary of the facts charged in this case

A. On February 26, 1994, around 16:38, the Defendant violated the restriction on the operation of vehicles by road management authorities by loading and operating freight exceeding the limitation weight of the freight vehicles owned by the Defendant in relation to the Defendant’s business on the road at 385.2km of the Southern Sea Highway.

B. On March 7, 1994, around 16:06, the Defendant violated the restriction on the operation of vehicles by the road management authority by loading and operating freight in excess of the total weight and storage weight of the freight vehicle owned by the Defendant in relation to the Defendant’s business on the road of 5 line located in Gyeongwon-gun, Gyeongwon-gun, Gyeongnam-gun, Gyeongnam-gun.

2. The prosecutor brought a public prosecution against the facts charged in this case by applying the provision of Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) that "if an agent, employee or other worker of a corporation commits a violation under Article 84 (1) with respect to the business of the corporation, the corporation shall be punished by a fine under the corresponding provision."

However, on December 29, 2011, the Constitutional Court rendered a decision of unconstitutionality as to the above legal provision (see Constitutional Court Order 201HunGa24, Dec. 29, 201). Accordingly, the above legal provision was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

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