The defendant shall be innocent.

On May 6, 1994, A, an employee of the Defendant, violated the restrictions on the operation of the Road Management Agency in relation to the Defendant’s business by operating B trucking a cement of more than 10 tons per 12.8 tons per 12.8 tons, which is a restricted weight on the roads prior to the inspection station in Seocheon-dong, Seocheon-gu, Incheon, Seo-gu, Incheon.

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 served as the basis of the punishment of this case where an agent, employee or other worker of a corporation commits an offense under Article 84 subparagraph 1 of the Act in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article.

“Inasmuch as the part of the Constitutional Court’s decision of unconstitutionality has lost its effect (see Constitutional Court Decision 2011Hun-Ga24, Dec. 29, 201). It is so decided as per Disposition by the assent of all participating Justices on the Defendant’s acquittal pursuant to the former part of Article 325 of the Criminal Procedure Act.