The defendant shall be innocent.

1. On June 29, 1994, at around 05:05, C, the user of the defendant, driven D freight truck, and operated the road in the condition that D freight truck is loaded with 10.1 ton of the 2 axiss and 11.1 ton of the 5 axiss, in front of the inspection station of North Busan Metropolitan City, Gangseo-gu, Gangseo-gu, Busan, in the direction of the inspection station of North Busan Metropolitan City, in order to exceed 10 ton of the restriction axis.

2. The Constitutional Court Order 201Hun-Ga24 Decided December 29, 201 rendered that "if an agent, employee, or other worker of a juristic person commits a violation under Article 86 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995)" in Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995), the juristic person shall also be punished by a fine under the corresponding Article.

Article 47(2) proviso of the Constitutional Court Act provides that “The provision applicable to the above facts charged shall retroactively lose its effect in accordance with the decision of unconstitutionality.”

3. According to the conclusion, the facts charged in the instant case constitute a crime, and thus, acquitted under the former part of Article 325 of the Criminal Procedure Act.