The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On March 8, 1994, B, an employee of the Defendant, operated the truck in the condition that the truck was loaded with freight exceeding 10 tons of 11.3 tons of 11.3 tons of the limited axis to the truck at the Gu and the Gu and the police station on the parallel of the Gyeong Highway, which is around 12:07, in connection with the Defendant’s business.

2. The prosecutor of the judgment applied Article 86 and subparagraph 1 of Article 84 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995; hereinafter the same) to the above charged facts to institute a public prosecution.

On December 29, 2011, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an offense under Article 84 subparagraph 1 of the former Road Act in connection with the business of the corporation, the corporation shall also be punished by a fine under the relevant Article," which is in violation of the Constitution (see Constitutional Court en banc Decision 201Hun-Ga24, Dec. 29, 201). Accordingly, the aforementioned provision of the Act retroactively loses its effect.

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, since the facts charged in this case constitute a crime, it is judged not guilty under the former part of Article 325 of the Criminal Procedure Act, and it is so decided as per Disposition by publicly announcing the summary of this decision under the main sentence of Article 440 of the Criminal Procedure Act