The defendant shall be innocent.

1. The summary of the facts charged is as follows: B, an employee of the defendant, operated the motor vehicle in excess of 1.4 kilograms at the third axis of C Truck on the road, which is located on the 7.4 kilometer at the Incheon finite point of July 19, 1993, at around 05:51, the 7.4 kilometer at the Incheon finite point of the Incheon final Line.

2. The prosecutor of the judgment applied Article 86, Article 84 subparag. 1 and Article 54 subparag. 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995; hereinafter the same) to the above charged facts and prosecuted the prosecution.

On December 29, 2011, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an offense under Article 84 subparagraph 1 of the former Road Act in connection with the business of the corporation, the corporation shall also be punished by a fine under the relevant Article," in Article 86 of the former Road Act, is in violation of the Constitution (the Constitutional Court en banc Decision 201Hun-Ga24, Dec. 29, 201) (the Constitutional Court en banc Decision 2011Hun-Ga24, Dec. 29, 201). Accordingly, the said provision of the

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.

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