The defendant shall be innocent.

1. On October 6, 1993, at around 14:10 on October 14, 1993, the Defendant is the owner of a truck A, who is his employee B, violated the restriction on operation by carrying a cargo of 11.5 tons on the third livestock shed in excess of 10 tons in the front of the petition office of the Korea Highway Corporation, and operating the said vehicle.

2. The judgment prosecutor applied Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); and the punishment of a fine of KRW 300,00 was finalized by a summary order subject to review but, in case an agent, employee or other employee of a corporation commits a violation under Article 84 subparagraph 1 of the same Act in Article 86 of the same Act, the portion that "if the agent, employee or other employee of the corporation commits a violation under Article 84 subparagraph 1 of the same Act in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article." was retroactively invalidated by the decision of the Constitutional Court on December 29, 2011

Therefore, the facts charged in this case constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.