The defendant shall be innocent.

1. At around 13:40 on June 9, 1994, the Defendant, an employee of the Defendant, loaded and operated freight of 13 tons and 13.2 tons of freight in excess of the 10 tons of E vehicle traffic restriction standard at the 13 tons of E vehicle at the mobile inspection station for the control of the hostile vehicles located in the luxa-gun of Gangwon-gu, Gangwon-do, in a luxane-gun, the Defendant violated the restriction on vehicle operation by the road management authority with respect to the Defendant’s duties.

2. The prosecutor of the judgment applied Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jan. 5, 1995) to the facts charged. The Constitutional Court rendered a decision that "where an agent, employee or other worker of a corporation commits a violation under Article 83(1)2 with respect to the business of the corporation, a fine under the relevant Article shall be imposed on the corporation, as well as a fine under the relevant Article is imposed on the corporation, in violation of the Constitution (Supreme Court Order 2011HunGa24, Dec. 29, 2011). According to the above decision of unconstitutionality, Article 86 of the above Act, which applies mutatis mutandis to the facts charged, retroactively loses its effect.

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.