The defendant shall be innocent.

1. On August 6, 1993, at around 14:36, the Defendant, his employee, loaded 11.4 tons of freight onto C at a location of the 20.4 km at the parallel of the Gyeong Highway, and operated more than 1.4 tons of the limited axis, thereby violating the road management authority’s restriction on vehicle operation.

2. The prosecutor charged the facts charged by applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); the Constitutional Court made a decision that "where an agent, employee, or other worker of a corporation commits an offense under Article 84 subparagraph 1 in connection with the business of the corporation, a fine under the relevant Article shall be imposed on the corporation also is imposed on the corporation in violation of the Constitution (Supreme Court Order 201Hun-Ga24, Dec. 29, 201). According to the above decision of unconstitutionality, the provision of the above Act, which is a applicable provision of the facts charged, retroactively loses its effect.

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

It is so decided as per Disposition for the above reasons.