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The defendant shall be innocent.
Reasons
1. On April 10, 1998, at around 18:56, the Defendant was the owner of a truck A, and around 18:56, the Defendant violated the restriction on operation by loading the freight of the 11.8 tons to the 2 axis, exceeding 10 tons of the restricted weight at the front of the coastwise Highway Military Highway, a military traffic controller's business office, and operating the said vehicle.
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 by Act No. 7832 of Dec. 30, 2005), filed a public action, and the sentence of a fine of KRW 500,00 was finalized by a summary order No. 98 high-ranking12597 of Aug. 19, 198, but Article 86 of the above Act provides that "where an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation, as well, is retroactively invalidated by the Constitutional Court Order No. 2010Hun-Ga38 of Oct. 28, 2010.
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.