The defendant shall be innocent.

1. On June 4, 1993, around 06:43 on June 4, 1993, the Defendant, who is the owner of a truck A, violated the restriction on operation by loading a cargo of 11.5 tons on the 2nd axis in excess of 10 tons of a stable weight in front of a new carbon control inspection station 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 200,00 was finalized by a summary order subject to review but, in Article 86 of the same 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, the corporation shall also be punished by a fine under the corresponding Article,” in Article 86 of the same Act, the portion that “if the agent, employee, or other employee of the corporation commits a violation under subparagraph 1 of Article 84, the corporation shall also be punished by a fine under the corresponding Article.

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.