The defendant shall be innocent.

1. The summary of the facts charged in the instant case is the driver of the B vehicle, and the Defendant is the owner of the said vehicle.

A around 14:08 on June 25, 1996, around the roads of the Korea Highway Corporation (Korea Highway Corporation) branching 348 kilometers in the South Sea Highway, located in the Cheongdogdog 46-14, South Sea Highway, located in Jinju, in order to load and operate grain on the 2 axis in excess of 10 tons of the restricted storage of the above vehicles, and the Defendant, an employee, committed such a violation as above in relation to the Defendant’s duties.

2. The prosecutor of the judgment applied Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and amended by Act No. 78326 of Dec. 30, 2005) to the facts charged in the instant case.

However, in Article 86 of the above Act, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an offense pursuant to Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine pursuant to the corresponding Article." (The Constitutional Court Order 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (combined) dated October 28, 2010) is in violation of the Constitution."

According to the above decision of unconstitutionality, the provision of the above law, which is the applicable provisions of the facts charged, was retroactively invalidated.

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.