The defendant is innocent.

The summary of the facts charged in the instant case is that the Defendant’s employees C, on May 1, 1994, loaded and operated the freight to exceed the limit of the D vehicle on the road in front of the traffic patrol site located in the office located in the Mawon-dong, Nowon-gu, Seoul Special Metropolitan City on May 11, 1994, thereby violating the road management authority’s restriction on vehicle operation.

However, 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) which is the applicable provisions of the above facts charged retroactively loses its effect according to the Constitutional Court's decision of unconstitutionality on Dec. 29, 201.

Thus, the facts charged in this case constitute a case that does not constitute a crime and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.