The defendant shall be innocent.

1. The summary of the facts charged is the owner of A truck, and the employee of the defendant is running the above vehicle with respect to the defendant's business, and around October 20, 1993, around 18:05, he violated the restriction on vehicle operation by the road management authority by driving the vehicle on the third axis of the above vehicle at the location of 11.2 tons in front of the branch office, Suwon Highway Corporation at the point of Suwon Branch, Seoul branch office, and the Seoul branch office.

2. The prosecutor of the judgment applied Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jan. 5, 1995; Act No. 4920, Feb. 20, 200) to the part that "if an agent, employee or other worker of a corporation commits an offense under Article 83 (1) 2 with respect to the business of the corporation, the corporation shall be punished by a fine under the corresponding Article." In response, the defendant received a summary order

However, on December 29, 2011, the Constitutional Court rendered a decision of unconstitutionality as to the above legal provision (the Constitutional Court Order 201HunGa24 Decided December 29, 201). Accordingly, the above legal provision was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

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.