The defendant shall be innocent.

1. The Defendant is the owner of A truck. On September 6, 1994, at around 21:32, the Defendant, an employee of B, operated the above truck with freight of 10.7 tons in weight on the 2 axis, exceeding 10.7 tons in weight on the 7 line in the national highway located in the fraledong at port, and operated the above truck with freight of 11.1 tons in weight on the 3 drals, and around 20:50 on November 1, 1994, at around 20:50, in excess of 10 tons in weight on the 2 axis, the Defendant violated the restriction on the operation of the vehicle by operating the above truck with freight of 13.29 tons in weight on the 2 axis, 13 tons in weight on the road in the 3rd drals, a dralle-do, Y-gu, Y-do.

2. The prosecutor charged the above charged facts by applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and by Act No. 4920 of Jan. 5, 1995), and this court issued a summary order of KRW 500,000 to the defendant as of May 1, 1995, and the above summary order was finalized after the defendant was notified of the above summary order, but the defendant filed a request for review of the above summary order on the ground that the above provision of the Act was unconstitutional.

On the other hand, Article 86 of the above Act provides that "if an agent, employee, or other worker of a corporation commits an offense under Article 84 (1) in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation," the Constitutional Court rendered a decision that the 201Hun-Ga24 dated December 29, 201 should be in violation of the Constitution. In accordance with the above decision of unconstitutionality, the above provision of the law has retroactively lost its effect.

3. In conclusion, since the facts charged in this case constitute a case that does not constitute a crime, it is so decided as per Disposition by the judgment of not guilty against the defendant under the former part of Article 325 of the Criminal Procedure Act.