The defendant shall be innocent.

1. On April 21, 1994, at around 23:38, the Defendant violated the restriction on vehicle operation of the road management authority by loading and operating the freight exceeding the limit of the freight vehicle owned by the Defendant in relation to the Defendant’s business, at the 904 line of the Dogri-ri local highway, a student, A, an employee of the Defendant, on the part of the Defendant, in excess of the gross weight and total weight.

2. Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995), which is the applicable provisions of the facts charged in the instant case, provides that "where an agent, employee or other worker of a corporation commits a violation under subparagraph 1 of Article 84 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation." The Constitutional Court Decision 201Hun-Ga24, Dec. 29, 201, which is retroactively invalidated by the decision of unconstitutionality as of December 29, 201.

Therefore, the facts charged in this case constitute a crime and thus not guilty under the former part of Article 325 of the Criminal Procedure Act.