The defendant shall be innocent.

1. On June 19, 1993, at around 10:23, the user of the defendant violated the restriction on the operation of the vehicle by the road management authority by operating the B truck loaded with the cargo exceeding 10 tons from the front side of the main place of business 79 km prior to the Honam Highway (Seoul Highway).

2. 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 applies to the facts charged in the instant case, "where an agent, employee or other worker of a corporation commits an act of violating Article 84 subparagraph 1 in connection with the business of the corporation, the corporation shall be punished by a fine under the relevant Article shall also be imposed on the corporation." This provision applies to the Constitutional Court Decision 2011Hun-Ga24 decided Dec. 29, 201 and Article 47 (3) of the Constitutional Court Act, which shall retroactively lose its effect.

In a case 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 limited to the case where it is not committed.

3. The instant facts charged constitute a crime and thus, the Defendant is acquitted on the basis of the former part of Article 325 of the Criminal Procedure Act.