The defendant shall be innocent.

1. The summary of the facts charged is the driver of the freight vehicle B, and the defendant is the owner of the above vehicle. A, who is the employee of the defendant, violated the restriction on the operation of the vehicle by loading and operating the freight exceeding 1.4 tons at the point of 36.5 km on the upstream line on the expressway at around 05:37 October 5, 1993.

2. As to the above facts charged, by applying Article 86 and subparagraph 1 of Article 84 of the former Road Act (amended by Act No. 4545 of March 10, 1993, and amended by Act No. 4920 of January 5, 1995), a summary order of KRW 200,000 was issued to the Defendant by the Seoul District Criminal Court on May 30, 1994, and the said summary order became final and conclusive around that time, but the Defendant filed a petition for review of the said summary order on December 14, 2012 on the ground that the said provision was unconstitutional.

On December 29, 201, the Constitutional Court rendered a decision that "if an agent, employee, or other servant of a corporation commits an offence under Article 84 (1) in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation." On the part of Article 86 of the above Act, the Constitutional Court's decision (201Hun-Ga24) made on December 29, 201 that the above provision of the Act retroactively lost its effect.

3. In conclusion, since the facts charged in this case constitute a case that does not constitute a crime, it is so decided as per Disposition by the judgment of not guilty against the defendant under the former part of Article 325 of the Criminal Procedure Act.