The defendant shall be innocent.

1. Around 04:08 on June 3, 1993, the summary of the facts charged in the instant case violated the restriction on vehicle operation by the road management authority, by loading and operating the freight exceeding the limited storage weight of freight vehicles owned by the Defendant in excess of the minimum storage weight of freight vehicles owned by the Defendant, on the road at a point of Busan, located 423.5 km away from the Gyeong Highway.

2. The public prosecutor instituted a public prosecution against the facts charged in this case by applying the provision of 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) that "if an agent, employee or other worker of a corporation commits an offense under Article 84 (1) with respect to the business of the corporation, the corporation shall be punished by a fine under the corresponding provision," and the above summary order against the defendant was finalized after receiving the summary order subject to review.

However, on December 29, 2011, the Constitutional Court rendered a decision of unconstitutionality as to the above legal provision (the Constitutional Court Order 201HunGa24 Decided December 29, 201). Accordingly, the above legal provision was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

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.