The defendant shall be innocent.

1. The summary of the facts charged is as follows: (a) around 14:20 on June 8, 1993, B, an employee of the Defendant, loaded and operated freight exceeding 11.6 tons of the limited 10 tons of freight vehicles owned by the Defendant in C in relation to the Defendant’s business at the testing station of the New National Highway of Chungcheongnam-nam National Road No. 32, Chungcheongnam-nam National Road; and (b) violated the restriction on the operation of the vehicle by the road management authority.

2. The prosecutor brought a public prosecution against the facts charged by applying 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 a violation under Article 84 subparagraph 1 of the same Article with respect to the business of the corporation, the corporation shall be punished by a fine under the corresponding Article." Accordingly, the summary order subject to retrial against the defendant issued by this court became final and conclusive.

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 constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.