The defendant shall be innocent.

1. The summary of the facts charged is that at around 09:45 on August 24, 1994, C, an employee, operated a D19 tons dump truck owned by the Defendant in an excessive state of 11.1 ton, 11.0 ton of the third dump truck, which exceeds 10 ton of the 10 tons of the limitation axis on the roads of the main 34th national highway, located in Indones-si, Indones-si, Indones-si, Indones-si, Indones-si, Asan-si, Asan-si.

2. The determination and conclusion prosecutor filed a public prosecution by applying Articles 86, 84 subparag. 1 and 54(1) of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 8976, Mar. 21, 2008; hereinafter the same) to the above facts charged.

On October 28, 2010, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation" (the Constitutional Court en banc Decision 2010Hun-Ga14152738470, Oct. 28, 2010) that the provision of the Act retroactively loses its effect pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

In addition, where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provision shall be deemed to be a crime.

If so, the facts charged in this case constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.