The defendant is innocent.

1. At around 23:06 on August 18, 1993, C, an employee of the Defendant, loaded the 10 tons of the 11.5 tons freight vehicle D 11.5 tons, with the 10 tons of 2.3 tons of the 12.3 tons of the 3rd load and the 11.5 tons of the 3rd load and operated the 10 tons of the 11.5 tons of the 3rd load and the 11.5 tons of the 3rd load.

2. The prosecutor charged a public action by applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; hereinafter “former Road Act”) to the facts charged in the instant case. However, according to the Constitutional Court Order 201Hun-Ga24, Nov. 29, 201, Article 86 of the former Road Act (amended by Act No. 1010, Nov. 29, 201; hereinafter “former Road Act”) that “where an agent, employee, or other worker of a corporation commits a violation under subparagraph 1 of Article 84 in connection with the business of the corporation, the portion of the fine under the relevant Article shall be imposed on the corporation retroactively becomes void.”

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