The defendant shall be innocent.

1. On April 8, 1994, at around 23:36, around 1994, A, who is an employee of the defendant, violated the restriction on the operation of the vehicle by the road management authority by operating B freight cars loaded with B freight of 11.1 ton of 11.1 ton on the front of the Seoul Highway Corporation located at a point of 20.4 kilometers of the Gyeong Highway.

2. As to the facts charged in the instant case, the prosecutor charged a public prosecution by applying Article 86, Article 84 subparag. 1, and Article 54(1) of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; hereinafter the same) to the facts charged in the instant case.

However, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an act in violation of Article 84 (1) in connection with the business of the corporation, the provision of Article 86 of the former Road Act, which applies to this case by a ruling 201Hun-Ga24 decided December 29, 201, is in violation of the Constitution." Accordingly, the provision of the Act retroactively loses its effect pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

On the other hand, where the penal law or the legal provision becomes retroactively effective due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the pertinent provision shall be deemed to constitute a crime.

(See Supreme Court Decision 2004Do9037 Decided April 15, 2005, Supreme Court Decision 91Do2825 Decided May 8, 1992, etc.). Thus, since the facts charged in this case do not constitute a crime, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.