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The defendant shall be innocent.
Reasons
1. On March 9, 1994, the Defendant is the owner of a truck A, and around 18:43 on March 19, 1994, the Defendant violated the restriction on operation by loading the freight of 11.2 tons on the third livestock shed in excess of 10 tons at the Busan Highway Corporation's front of the Busan Highway Corporation's business office and operating the said vehicle.
2. In applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and by Act No. 4920 of Jan. 5, 1995), the judgment prosecutor instituted a public action, and the sentence of a fine of KRW 500,00 was finalized by a summary order of June 7, 1994 by the court. However, in Article 86 of the above Act, "if an agent, employee or other employee of a corporation commits a violation under subparagraph 1 of Article 84 in connection with the business of the corporation, a fine under the corresponding Article shall be imposed on the corporation," the portion that "if the agent, employee or other employee of the corporation commits a violation under subparagraph 1 of Article 84, the corresponding Article shall also be imposed on the corporation, and the portion that was 201Hun-Ga24 of Dec. 29, 2011, which affected
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.