The defendant is innocent.

The summary of the facts charged in the instant case is that the Defendant’s employee C loaded the freight to exceed the total weight of D vehicles on the road front of the front of the Confection Station of the Busan Highway and its Business Office on June 5, 1993 with respect to the Defendant’s business and operated the freight to exceed the total weight of D vehicles on the road.

However, 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) which is the applicable provisions of the above facts charged retroactively loses its effect according to the Constitutional Court's decision of unconstitutionality on Dec. 29, 201.

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.