The defendant shall be innocent.

1. The Defendant, a juristic person established for the purpose of mid-term lending business, etc., is the owner of A Dump truck. On November 9, 1993, the Defendant, an employee of B, operated the said vehicle on the street in front of the Cheongcheon-gun, Gohap-gun, Chungcheongnam-gun, Gyeongcheon-gun on the job, around 10 tons of the limited axis determined by the authorities, exceeding 11 tons of the 2 axis and 13 tons of the 3 axis.

2. The judgment prosecutor's punishment of a fine of KRW 50,00 was finalized by filing a public prosecution in accordance with Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 193; Act No. 4920, Jan. 5, 1995); however, when an agent, employee or other worker of a corporation commits an offense under Article 84 subparagraph 1 of the said Act in relation to the business of the corporation, the corporation shall also be fined under the said Article.

“The portion of the Constitutional Court Decision 2011 Constitutional Court Decision 2011Hun-Ga, dated December 29, 2011, retroactively lost its effect due to the 24th decision of unconstitutionality.

Therefore, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.