The defendant shall be innocent.

1. Summary of the facts charged in this case

A. On June 7, 1994, around 05:53, the Defendant violated the restriction on the operation of the vehicle of the road management agency by loading and operating the freight in excess of the storage weight and total weight of the freight vehicle owned by the Defendant in relation to the Defendant’s business at the top-down line prior to a 397 km branch office located in Seoul Metropolitan area on the Highway.

B. On July 5, 1994, around 05:53, the Defendant violated the restriction on the operation of the vehicle of the road management agency by loading and operating the freight in excess of the size and total weight of the freight vehicle owned by the Defendant in relation to the Defendant’s business on the road prior to the Busan Metropolitan Office located 423.5km in Busan Metropolitan Office.

2. As to the facts charged of this case, the prosecutor of the judgment shall, in case where an agent, employee, or other worker of the corporation commits a violation under Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and Act No. 4920 of Jan. 5, 1995), be punished by a fine under the corresponding provision of Article 86.

A public prosecution was instituted by applying the part "," and the defendant received a summary order subject to review and the above summary order against the defendant became final and conclusive.

Accordingly, the Constitutional Court rendered a decision of unconstitutionality on December 29, 201 as to the above provision of the law (Supreme Court Decision 201Hun-Ga24 Decided December 29, 201). Accordingly, the above provision of the law was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

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.