The defendant is innocent.

The summary of the facts charged in this case is that the employee A violated the restriction on vehicle operation of the road management authority by carrying the freight exceeding the limit load and total weight on the road in front of the inspection site of the driver's office of 14:47 on August 5, 1994, in respect of the defendant's business, and by operating the freight in excess of the limit load and total weight.

However, 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) which is the applicable provisions of the above facts charged retroactively loses its effect according to the Constitutional Court's decision of unconstitutionality on Dec. 29, 201.

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.