The defendant shall be innocent.

1. On September 17, 1994, A, an employee of the Defendant, driven B car truck and operated 1.2 tons by putting a boiler with 1.2 tons of 2 tons of 28 tons on the 2nd axis of the instant truck, even though it was a restricted area where operation of more than 10 tons per 10 tons per axiss is prohibited, A, which is an employee of the Defendant, of the summary of the facts charged.

2. The prosecutor of the judgment applied Article 86, Article 84 subparagraph 1, and Article 54 (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) with respect to the facts charged of this case to summary indictment. The summary order of a fine of KRW 300,000 issued to the defendant on Apr. 4, 1995 by this court is the same year.

4. 28. The decision was finalized as is.

On December 29, 2011, the Constitutional Court rendered a decision that "where an agent, employee or other worker of a corporation commits an act of violating the provisions of Article 84 (1) in connection with the business of the corporation, the corporation shall be fined in accordance with the provisions of Article 84 (1)" is unconstitutional.

[The Constitutional Court Order 201Hun-Ga24 decided December 29, 2011] Following the decision of unconstitutionality, the statutory provisions, which are applicable provisions to the facts charged in this case, retroactively lost its effect.

3. Conclusion, the facts charged in the instant case constitute a crime not committed.

In accordance with the former part of Article 325 of the Criminal Procedure Act, the defendant shall be acquitted, and it is so decided as per Disposition.