The defendant shall be innocent.

1. The summary of the facts charged was around 12:45 on July 27, 1993, the Defendant violated the restrictions on vehicle operation of the road management agency by operating the freight of 12 tons and 12 tons in the 2nd, 3rd, in excess of 10 tons of the limitation on the load weight of CF vehicle owned by the Defendant, in relation to the Defendant’s work, at the 12:3rd and 12 tons of the CF vehicle in bulk.

2. In the Constitutional Court Decision 201Hun-Ga24 Decided December 29, 201, the Constitutional Court rendered a decision of unconstitutionality as to the provision that "if an agent, employee or other worker of a corporation commits an offense under Article 84 (1) in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation," in Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995) applied by the public prosecutor to the facts charged in the instant case."

Accordingly, the above provision of the law was retroactively invalidated in accordance with Article 47(3) of the Constitutional Court Act.

3. As the instant facts charged constitute a crime, the judgment of innocence is rendered in accordance with the former part of Article 325 of the Criminal Procedure Act.