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The defendant shall be innocent.
Reasons
1. On April 18, 1995, the Defendant is the owner of a truck A, and around 10:04, the Defendant violated the restriction on operation by loading the freight of 11.5 tons at the third axiss exceeding 10 tons of restricted weight in front of the Ulsan Metropolitan Area, 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 amended by Act No. 7832 of Dec. 30, 2005), filed a public action, and the sentence of a fine of KRW 700,00 was finalized by a summary order No. 95 high-ranking7566 of Aug. 18, 1995, but Article 86 of the above Act provides that "if 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, the corporation shall also be punished by a fine under the corresponding provision of Article 83(1) of the same Act and Article 83(1)2 of the same Act shall be retroactively invalidated."
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.