The defendant shall be innocent.

1. The Defendant is the owner of B vehicle. The Defendant’s employee, around 16:13 September 27, 1994, loaded sand on the above vehicle at the street above the 11.3 tons of a sand in front of the military unit located in the area of a mountainous district located in the Korea Highway Corporation located at a point of 19.8 kilometers in Incheon Coast Highway, and operated the said vehicle more than 10 tons out of a stable.

2. The former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995) which applies to a summary order subject to review, loses its retroactive effect pursuant to the Constitutional Court’s decision of unconstitutionality (201Hun-Ga24, supra). Thus, the Defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.