The defendant shall be innocent.

1. On December 16, 1994, at around 11:12 on December 16, 1994, the summary of the facts charged is that C, an employee, operated a Dump truck owned by the Defendant in an over-the-counter state of 11.8 tons, which exceeds 10 tons of the limited axis, at the fluorial examination station of Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-gun, Chungcheongnam-do, and at the 11.4 tons of the 3 dump truck.

2. The determination and conclusion prosecutor filed a public prosecution by applying Articles 86, 84 subparag. 1 and 54(1) of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 8976, Mar. 21, 2008; hereinafter the same) to the above facts charged.

On October 28, 2010, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation" (the Constitutional Court en banc Decision 2010Hun-Ga14152738470, Oct. 28, 2010) that the provision of the Act retroactively loses its effect pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

In addition, where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provision shall be deemed to be a crime.

If so, the facts charged in this case constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.