The defendant shall be innocent.

1. At around 14:00 on September 24, 1993, the driver C of a company B, which is a summary of the facts charged, was operated by loading more than 0.6 tons of D 20.5 tons of 3 tons of 3 1.2 tons of 4 tons of 4 tons of 4 tons of the national road at the 4th line patrol station in the Yancheon-gun, Youngcheon-gun, Yancheon-gun, the road was unable to operate more than 1.4 tons of 4 tons of 4 tons of the 20.5 tons of 1.4 tons of 4 tons of the 2 axis.

The defendant neglected his duty to conduct considerable culture and supervision to prevent such a violation of the above laws and regulations, thereby allowing C to excessively operate the company.

2. The prosecutor of the judgment applied Article 86, Article 84 subparag. 1 and Article 54(1) of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995; hereinafter the same) to the above charged facts and prosecuted the prosecution.

On November 29, 2011, the Constitutional Court rendered a decision (the Constitutional Court Order 2011Hun-Ga24) that "if an agent, employee, or other servant of a corporation commits an offence provided for in Article 84 subparagraph 12 of the former Road Act in connection with the business of the corporation, the corporation shall also be punished by a fine pursuant to Article 84, Article 86 of the former Road Act." Accordingly, 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 case which was prosecuted by applying the relevant provisions shall be deemed to be a crime.

3. In conclusion, the facts charged in this case constitute a crime and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.