The defendant shall be innocent.

1. On May 31, 1994, at around 08:59 on May 31, 1994, the Defendant, his employee, loaded freight exceeding 11.6 tons of B freight on the second axis of B freight in excess of 10 tons of the limited axis at the front of the Korea Highway Corporation, Sungnam-si Highway, and violated the road management authority’s restriction on vehicle operation in relation to the Defendant’s duties.

2. The prosecutor of the judgment applied Articles 86 and 83(1)2 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) to the facts charged. The Constitutional Court rendered a decision that "where an agent, employee or other worker of a corporation commits a violation under Article 83(1)2 with respect to the business of the corporation, a fine under the relevant Article shall be imposed on the corporation, as well as a fine under the relevant Article is imposed on the corporation, in violation of the Constitution (Supreme Court Order 2011HunGa24, Dec. 29, 2011). According to the above decision of unconstitutionality, Article 86 of the above Act, which applies mutatis mutandis to the facts charged, retroactively loses its effect.

Thus, the facts charged in this case 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.