The defendant shall be innocent.

The summary of the facts charged in this case was around 23:18 on February 3, 1994, the defendant operated a vehicle in excess of a limited weight in the five line of the national highway 5 line of the national highway located in Changwon-gun, Changwon-gun, and violated the restriction on the operation of the vehicle by the road management authority. The prosecutor prosecuted the above facts charged by applying the joint penal provisions under Article 86 of the former Road Act. As to this, the defendant was notified of a fine of KRW 50,000 through the summary order subject to review and confirmed, but the Constitutional Court decided that Article 86 of the above Act violated the Constitution against the principle of responsibility. Accordingly, the above legal provision, the applicable provisions of the facts charged, retroactively, became void.

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