The defendant shall be innocent.

1. At around 13:40 on June 6, 1993, the Defendant’s employees C, when driving a dump truck with D 15 tons or more of the Defendant’s affiliated 706 odump truck on the street located in the Donuri-ri, Donsan-gun, Donsan-gun, the Don 706 odump truck was overloaded with two metric tons of the above vehicle even though the traffic has been restricted for vehicles exceeding 10 tons in the above area, and 2 odump truck was over 12 tons of the weight of the above vehicle and 1.9 tons of 3 odump truck.

2. The prosecutor brought a public prosecution against the above charged facts by applying Article 86 and subparagraph 1 of Article 84 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 Article 86 and Article 84.

On December 29, 2011, the Constitutional Court rendered a decision that "if an agent, employee or other worker of a corporation commits an act of violation pursuant to Article 84 subparagraph 1 of the former Road Act with respect to the business of the corporation, the corporation shall be fined pursuant to Article 84." (The Constitutional Court Order 2011Hun-Ga24) is in violation of the Constitution (the Constitutional Court Order).

Therefore, the above legal provision was retroactively invalidated.

Thus, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act