The defendant shall be innocent.

1. On October 11:57, 1994, A, an employee of the Defendant, was in violation of the restriction on the operation of the vehicle of the Road Management Agency in relation to the Defendant’s duties by operating the B truck with the freight of 11.1 ton on the third axis in excess of 10 tons of the restricted axis, on the way in front of the 15.5 kilometer shop near the 15.5 kilometer between the mountain and the mountain.

2. As to the facts charged of this case, the prosecutor charged a public prosecution by applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995). As to this, the summary order of KRW 300,000 was notified and confirmed by the above court.

In this regard, after the above summary order became final and conclusive, the Constitutional Court ruled that Article 86 of the above Act provides that "where an employee or other employee of a corporation commits an offense under Article 84 (1) in connection with the business of the corporation, a fine under the pertinent Article shall also be imposed on the corporation," which violates the Constitution (see Constitutional Court Order 2011Hun-Ga24, Dec. 29, 201). Accordingly, the applicable provisions of the facts charged of this case concerning the offense committed by the employer have retroactively lost its effect.

3. In conclusion, since the facts charged in this case constitute a case that does not constitute a crime, it is so decided as per Disposition by deciding not guilty of the defendant under the former part of Article 325 of the Criminal Procedure Act.