The defendant shall be innocent.

1. On March 1, 1995, the Defendant is the owner of a truck A, and around 12:31 on March 1, 1995, the Defendant, who is his employee B, operated the said vehicle by loading the freight of more than 11.7 tons in the 5 livestock with a limited weight exceeding 10 tons in front of the Cheongju Office Office of the Korea Highway, and by operating the said vehicle at around 14:50 on March 11, 1995, the Defendant violated the restriction on operation by loading the freight of more than 11.3 tons in the third livestock shed prior to the additional office of the Korea Highway Corporation.

2. The judgment prosecutor, applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), filed a public prosecution, and the punishment of a fine of KRW 1,00,00 was finalized due to a summary order subject to review, but Article 86 of the same Act provides that "where an agent, employee or other employee of a corporation commits an offense under Article 83(1)2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article," which stated in Article 86 of the same Act that "if the agent, employee or other employee of the corporation commits an offense under Article 83(1)2, the corporation shall also be punished by a fine under the corresponding Article, which affected the retroactive effect.

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.