The defendant shall be innocent.

1. On August 24, 1993, around 06:46, the Defendant violated the restriction on vehicle operation of the road management authority by loading and operating freight of 11.1 ton, 11.2 ton, and 11.2 ton, of the 3 livestock at the 3 livestock shed, in excess of the limit on the 11.5km of the C freight owned by the Defendant, on the part of the Defendant’s employees, at the front of the 83.5km location of the Gyeong Highway.

2. The judgment and the conclusion of the prosecutor charged summary prosecution on the facts charged of this case by applying the provision of 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) that "if 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 corresponding provision shall be imposed on the corporation," and the defendant was issued a summary order subject to review and became final and conclusive around that time.

However, on December 29, 2011, the Constitutional Court rendered a decision of unconstitutionality as to the above legal provision (the Constitutional Court Order 201HunGa24 Decided December 29, 201). Accordingly, the above legal provision was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

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.