The defendant shall be innocent.

1. On July 7, 1994, at around 00:29, the Defendant, his employee, operated an index and business office located within 348 kilometers of the parallel line on the south Sea Highway in the Jinyang-gun, Jinyang-gun, Jinyang-gun, in excess of 10 tons of the limited axis on the 2 axis, and violated the road management authority’s restriction on vehicle operation for the Defendant’s duties by operating the 11.1 ton of the limited axis on the 2 axis.

2. The prosecutor charged the facts charged by applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); the Constitutional Court made a decision that "where an agent, employee, or other worker of a corporation commits an offense under Article 84 subparagraph 1 in connection with the business of the corporation, a fine under the relevant Article shall be imposed on the corporation also is imposed on the corporation in violation of the Constitution (Supreme Court Order 201Hun-Ga24, Dec. 29, 201). According to the above decision of unconstitutionality, the provision of the above Act, which is a applicable provision of the facts charged, retroactively loses its effect.

Thus, the facts charged in 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.

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