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The defendant is innocent.
Reasons
The summary of the facts charged in the instant case is that the Defendant’s employee C loaded the freight to exceed the limit on the operation of the vehicle on the front side of the racing business office, which is a point of 359.5 km on September 28, 1993, at around June 35, 1993, and operated the freight to exceed the limit on the operation of the vehicle by the road management authority.
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.