The defendant shall be innocent.

1. The summary of the facts charged in this case is that the Defendant, as the driver of the Defendant, loaded the freight of 12.2 tons and 12.9 tons on the third axis of the C vehicle in the Yancheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and operated the said vehicle in excess of 10 tons during the restricted axis. On December 29, 1994, the Defendant violated the restriction on the operation of the vehicle by carrying the freight of 12.3 tons and 12.47 tons of the said vehicle on the c vehicle on the c vehicle in excess of 10 tons of the restricted axis, while driving the said vehicle on the c vehicle in excess of 10 tons of the restricted axis.

2. The prosecutor filed a public prosecution against the defendant by applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of March 10, 1993, and amended by Act No. 4920 of January 5, 1995) to the facts charged in this case.

However, Article 86 of the former Road Act provides that "if an agent, employee, or other servant of a corporation commits an offence provided for in Article 84 (1) in connection with the business of the corporation, a fine provided for in the relevant Article shall be imposed on the corporation, which shall be imposed on the corporation, is in violation of the Constitution (Supreme Court Order 2011HunGa24 Decided December 29, 201)." Thus, the provision of the above Act retroactively loses its effect pursuant to the proviso to Article 47 (2) of the Constitutional Court Act.

Thus, the facts charged in this case constitute a case that does not constitute a crime and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act