The defendant shall be innocent.

1. As a driver of G8 tons freight, F, who is an employee of the Defendant, violated the restriction on the operation of the vehicle of the road management agency by loading and operating freight of 11.4 tons on the 2 axis of the above vehicle in excess of 10 tons of the restricted axis on the street in front of the 14:43 on November 19, 194, 194, at around 14:43 on November 19, 194.

2. The prosecutor of the judgment applied Articles 86, 84 subparagraph 1, and 54 (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; hereinafter the same) to the above facts charged, and brought a public action against the above facts charged. On December 29, 2011, the Constitutional Court imposed a fine under Article 86 of the former Road Act if an agent, employee, or other worker of a corporation commits a violation under subparagraph 1 of Article 84 in relation to the corporation's business.

“The part of the unconstitutionality Decision (The Constitutional Court Order 201Hun-Ga24 decided by the Constitutional Court) was rendered to the effect that the part of the unconstitutionality Decision, which is the legal provision applicable to the facts charged in this case, was retroactively invalidated.

3. In conclusion, the facts charged in this case constitute a crime and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.