The defendant shall be innocent.

1. The summary of the facts charged is the owner of a A truck, and the employee of the Defendant violated the restriction on the operation of the vehicle by the road management authority by loading and operating the freight of more than 1.4 tons on the 2 axis of the said vehicle in excess of 10 tons at the front of the 3.7km branch office and the 3.7km branch office at the Ansan Expressway Highway on March 9, 1994, when operating the said truck with respect to the Defendant’s duties.

2. The public prosecutor instituted a public prosecution against the facts charged of this case by applying Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jan. 5, 1995) that "if an agent, employee, or other worker of a corporation commits a violation under Article 84 (1) with respect to the business of the corporation, the corporation shall be punished by a fine under the corresponding Article." Accordingly, the defendant was notified of a summary order subject to reexamination and the above summary order against the defendant

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.