The defendant shall be innocent.

1. The summary of the facts charged [2014 Highest 1061] The Defendant, as the owner of B 15 tons dump trucks, had C, around 10:58 on January 24, 2003, had C operate the said vehicle loaded more than 1.9 tons on the 2 axis on the road in the direction of the temporary inspection and questioning station located in the Gucheon-si, Acheon-dong 21-1.

[2014 Highest 1065] The Defendant, as the owner of D 15 tons d dump trucks, had E, an employee of which, around 09:06 on June 24, 2005, had the Korea Highway Corporation located in the 48-154-dong dump dump dump dump dump dump dump dump dump dump dump dump dump dump

2. The above facts charged constitute Article 86, Article 83 (1) 2, and Article 54 (1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005; hereinafter the same), but upon the decision of the Constitutional Court, Article 86 of the former Road Act provides that "if an agent, employee, or other worker of a corporation commits an offense as prescribed in Article 83 (1) 2 with respect to the business of the corporation, a fine as prescribed in the corresponding Article shall also be imposed on the corporation, in accordance with the decision of unconstitutionality as to Article 86 of the former Road Act, the above part of Article 86 of the former Road Act retroactively loses its effect.

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