The defendant shall be innocent.

1. Around 16:05 on October 19, 1993, the summary of the facts charged of this case, B, an employee of the Defendant, violated the Defendant’s vehicle operation restrictions by operating the Defendant’s vehicle at the road management authority, by operating a 11.05 tons metric truck (soil) with freight (soil) of at least 11.05 tons at the second axis in excess of 10 tons out of the restricted axis at the excessive inspection station at the entrance of the Nam-gu Incheon Metropolitan City Student-dong Maintenance Complex.

2. As to the facts charged of this case, the prosecutor charged a public prosecution by applying Article 86 and Article 84 subparagraph 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). As to this, the summary order of KRW 100,000 was notified and confirmed by the above court.

In this regard, after the above summary order became final and conclusive, the Constitutional Court ruled that Article 86 of the above Act provides that "where an employee or other employee of a corporation commits an offense under Article 84 (1) in connection with the business of the corporation, a fine under the pertinent Article shall also be imposed on the corporation," which violates the Constitution (see Constitutional Court Order 2011Hun-Ga24, Dec. 29, 201). Accordingly, the applicable provisions of the facts charged of this case concerning the offense committed by the employer have retroactively lost its effect.

3. In conclusion, since the facts charged in this case constitute a case that does not constitute a crime, it is so decided as per Disposition by deciding not guilty of the defendant under the former part of Article 325 of the Criminal Procedure Act.