The defendant shall be innocent.

The facts charged of this case reveal that the Defendant, an employee of the Defendant, violated the restriction on the operation of the road management agency’s vehicle by loading and operating C dump truck with freight of 11.7 tons on the second axis, and 11.5 tons on the third axis, in excess of 10 tons of the limited weight at the front of the Gu-ri Office of the Seoul Metropolitan Government Construction Work, located in Korea at a point of 26.8 kilometers on April 14, 1994, which is 09:13 square meters on the business of the Defendant.

With regard to this, the prosecutor filed a public prosecution by applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of March 10, 1993, and amended by Act No. 4920 of January 5, 1995).

In this regard, on December 29, 2011, the Constitutional Court rendered a decision that "if an employee or any other employee of a corporation commits an act in violation of Article 84 (1) in connection with the business of the corporation, a fine under the same Article shall also be imposed on the corporation in violation of the Constitution (the Constitutional Court Order 2011Hun-Ga24)" in Article 86 of the above Act, the provision of the above Act retroactively lost its effect.

Thus, the facts charged of 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.