Text
The defendant is innocent.
Reasons
The summary of the facts charged in this case is as follows: around November 11, 1993, around November 17, 1993, an employee A of the Defendant violated the restrictions on the operation of vehicles by the road management authority, by loading freight to exceed the limit load and total weight on the road in front of the inspection site of the racing business office, the Korea Highway Corporation, along with the restriction on the operation of the automobile.
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.