The defendant shall be innocent.

The summary of the facts charged of this case is as follows: (a) around 22:07 on March 22, 1994, by the Defendant’s employees, the Defendant’s employees violated the restriction on the operation of the vehicle by operating the B truck with the freight loaded with the freight of more than 1.2 tons of the limited weight exceeding 1.2 tons of the limited weight of 1.2 tons; (b) 12 tons of the limited weight of the 3 livestock with gross weight exceeding 2 tons; and (c) gross weight exceeding 11.1 tons exceeding 1.1 tons of the limited weight; and (d) the Defendant’s employees violated the restriction on the operation of the vehicle.

However, Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 193, and amended by Act No. 4920 of Jan. 5, 1995) which applies mutatis mutandis to the facts charged in this case provides that "where an agent, employee or other worker of a corporation commits a violation provided for in subparagraph 1 of Article 84 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation," which is retroactively invalidated pursuant to the Constitutional Court Decision 2011Hun-Ga24 decided Dec. 29, 201 and 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.