The defendant shall be innocent.

1. At around 02:57 on July 26, 1994, B, an employee of the Defendant, driven C Freight and operated the said vehicle in excess of the building material stones (10.4 tons as of actual measurement, 16.4 tons or more, 6.4 tons or more) when operating the said vehicle at the Guide Ri business office located in Yri-ri-ri Highway 26.8 kilometers.

2. The prosecutor of the judgment applied Article 86, Article 84 subparagraph 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) to the facts charged of this case. The summary order of a fine of KRW 500,000 issued to the defendant on Feb. 20, 1995 by this court is the same year.

5. 4. The decision was finalized as is.

On December 29, 2011, the Constitutional Court rendered a decision that "where an agent, employee or other worker of a corporation commits an act of violating the provisions of Article 84 (1) in connection with the business of the corporation, the corporation shall be fined in accordance with the provisions of Article 84 (1)" is unconstitutional.

[The Constitutional Court Order 201Hun-Ga24 decided December 29, 2011] Following the decision of unconstitutionality, the statutory provisions, which are applicable provisions to the facts charged in this case, retroactively lost its effect.

3. Conclusion, the facts charged in the instant case constitute a crime not committed.

In accordance with the former part of Article 325 of the Criminal Procedure Act, the defendant shall be acquitted, and it is so decided as per Disposition.