The defendant shall be innocent.

1. On October 15, 1994, A, an employee of the Defendant, was in violation of the restriction on the operation of the vehicle of the road management agency by carrying 11.1 ton, 11 ton on the 2 axis, and 11 ton on the 3 axis, even though he could not load 10 ton per axis in the 19 ton of a stable, around 20:48, in relation to the Defendant’s duties, around October 15, 1994.

2. The prosecutor charged the facts charged of this case by applying Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995). However, according to the Constitutional Court Order 201Hun-Ga24 decided Dec. 29, 201, the part that "if an agent, employee, or other worker of a corporation commits a violation under Article 84 subparagraph 1 of the former Road Act with respect to the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation retroactively becomes void."

Thus, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.