The defendant shall be innocent.

1. Around 09:22 on June 9, 1993, H, an employee of the Defendant, driven an I truck and operated the I truck, thereby violating the restrictions imposed by the road management authority on the Defendant’s business by loading and operating the 11.2 tons of cargo exceeding 10 tons at a point of 20.4km along the Gyeong Highway along the Gyeong Highway, Seoul Office of Business, and at a point of 10.4km in front of the inspection station.

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 March 10, 1993, and amended by Act No. 4920 of January 5, 1995) to the above facts charged and the summary order against the defendant was finalized.

After that, the Constitutional Court made a decision that Article 86 of the former Road Act "if an agent, employee, or other servant of a corporation commits an offence under Article 84 (1) in connection with the business of the corporation, the corporation shall be punished by a fine under that Article."

On December 29, 2011, Constitutional Court Order 2011Hun-Ga24 decided on December 29, 2011. Accordingly, the provisions of the former Road Act, which is applicable provisions to the above charged facts, retroactively lost its effect.

3. According to the conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered pursuant to the former part of Article 32