The defendant shall be innocent.

1. On March 22, 1995, at a point of 359.5 km from around 20:40 on March 22, 1995, A, the user of the defendant, loaded stone on the third axis and operated the stone in excess of 11.1 ton on the third axis and 10.7 ton on the fourth axis, and operated the stone in excess of 10 ton on the restricted axis.

2. The former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and amended by Act No. 7832 of Dec. 30, 2005) which is a legal provision applicable to the facts charged of this case, where an agent, employee or other worker of a corporation commits a violation under Article 84 subparagraph 1 of the same Article in relation to the business of the corporation, the corporation shall also be fined under the corresponding Article.

“The Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (Merger) decided on October 28, 2010 and Article 47(3) of the Constitutional Court Act was retroactively invalidated.

In addition, where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provision shall be deemed to be a crime.

Thus, the facts charged of this case constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.