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The defendant is innocent.
Reasons
The summary of the facts charged of this case is that the employee C violated the restriction on the operation of the vehicle by loading the freight to exceed the limitation on the reduction of the D vehicle and the total weight of the restriction on the D vehicle on the front line of the 2nd line of the Ga-dong National Highway at the time of Jinhae on June 16, 1994 in relation to the Defendant's service.
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 is the applicable provisions of the above facts charged retroactively loses its effect according to the Constitutional Court's decision of unconstitutionality on Dec. 29, 201.
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.