The defendant shall be innocent.

1. On April 22, 2004, at around 16:49, the Defendant was the owner of a truck A, and around April 22, 2004, the Defendant violated the restriction on operation by loading the freight of 11.05 tons on the 2nd axis in excess of 10 tons of the limited-scale weight at the front of the new carbon control inspection station 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), shall institute a public action, and the sentence of a fine of KRW 300,00 is finalized by a summary order No. 204 high-ranking13599 of May 27, 2004, 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, the corporation shall also be punished by a fine under the corresponding Article 83(1) of the Act shall also be retroactively null and void."

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.