The defendant is innocent.

The summary of the facts charged in this case is that the defendant's employee Gap's employee violated the restriction on vehicle operation of the road management authority by loading freight exceeding the limit on vehicle operation on the front side of the Korea Highway Corporation located at a point of 359.5 km km on November 16, 1994 with respect to the defendant's business.

However, Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) which is the applicable provisions of the above facts charged retroactively loses its effect according to the Constitutional Court's decision of unconstitutionality on Dec. 29, 201.

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