The defendant is innocent.

1. The summary of the facts charged in the instant case is D 11 ton of a truck driver, and at around 18:35 on September 10, 1993, at the time of the check-up office located in the Gyeong-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, where the weight of at least 10 ton is restricted, the freight is over KRW 1.3 tons on the above cargo vehicle, and the Defendant is a corporation for the purpose of trucking cargo transportation services, etc., which is the owner of D truck. However, even though it is necessary to provide sufficient education and supervision to C to prevent any excessive operation of the business, the Defendant is a corporation for the purpose of trucking cargo transportation services, etc., but is negligent to compel C to operate the vehicle in an excessive manner.

2. As to the facts charged in this case, the public prosecutor instituted a public prosecution by applying the part 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 an offense under Article 84 (1) with respect to the business of the corporation, the corporation shall be punished by a fine under the corresponding Article, even the corporation shall be punished by a fine), and the defendant received a summary order subject to reexamination and the judgment against the defendant became final and conclusive.

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.

It is so decided as per Disposition for the above reasons.