The defendant shall be innocent.

1. Around 21:45 on December 18, 1993, B, an employee of the Defendant of the facts charged of the instant case, operated the Defendant’s business at the front line of the traffic control station at 24 km of the Gyeongn Expressway, which is about 10.4 tons of C truck during the two strings, 12.2 tons during the three strings, and 10.4 tons during the four strings, and violated the road management authority’s restriction on vehicle operation.

2. Of the applicable provisions of the facts charged in this case, Article 86 of the former Road Act, which is a joint penal provision, “where an employee of a corporation commits a violation provided for in subparagraph 1 of Article 84 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation.” The Constitutional Court rendered a judgment of unconstitutionality that the pertinent provision of the Act is unconstitutional on December 29, 201, and accordingly, the said provision of the Act retroactively lost its effect.

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.