The defendant is innocent.

The summary of the facts charged in the instant case is that the Defendant’s employees violated the restrictions on the operation of vehicles by the road management authority by loading and operating the freight exceeding the limit of the C vehicle with the limitation of the C vehicle from the national highway 5 line located in the National Highway where the business of the Defendant was suspended due to permanent residence around 10:04 on November 18, 1994.

However, Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) which is the applicable provisions of the above facts charged retroactively loses its effect according to the Constitutional Court's decision of unconstitutionality on Dec. 29, 201.

Thus, 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.