The defendant shall be innocent.

1. On December 3, 1994, A, the Defendant’s user, driving at B B 25 tons a vehicle as his/her duty and violated the restriction on the operation of the vehicle of the road management agency by operating the said truck in a state where it loads cargo of 10.6 tons out of the 2 axis, and 10.5 tons out of the 3 axis, in excess of 10.8km at a point where it is limited on the road of 57.8km on the middle highway.

2. The Constitutional Court Order 201Hun-Ga24 Decided December 29, 201 rendered that "if an agent, employee, or other worker of a juristic person commits a violation under Article 86 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995)" in Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995), the juristic person shall also be punished by a fine under the corresponding Article.

Article 47(2) proviso of the Constitutional Court Act provides that “The provision applicable to the above facts charged shall retroactively lose its effect in accordance with the decision of unconstitutionality.”

3. According to the conclusion, the facts charged in the instant case constitute a crime, and thus, acquitted under the former part of Article 325 of the Criminal Procedure Act.