The defendant shall be innocent.

1. On December 1, 1993, at around 13:45, Honam Line 179km, A, an employee of the Defendant, was in violation of the Defendant’s vehicle operation restriction by the road management authority, as he operated the Defendant’s vehicle while being loaded with freight exceeding 10.2 tons of 12.2 tons of the limited storage on the front of the Dong-dong, Gwangju Branch Office at a point of 179km.

2. As to Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995) which is a joint penal provision among the applicable provisions to the facts charged in this case, the Constitutional Court rendered a decision of December 29, 2011 that "where an agent, employee or other worker of a corporation commits a violation referred to in subparagraph 1 of Article 84 with respect to the business of the corporation, the corporation shall be punished by a fine referred to in the relevant Article," in Article 84 (1) of the same Act, which is a joint penal provision to the facts charged in this case, was ruled to be in violation of the Constitution. According to the above decision of unconstitutionality, the part of the above legal provision, which is the applicable provisions to the facts charged in this case, was retroactively invalidated pursuant to the proviso of

3. In conclusion, 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.