The defendant shall be innocent.

1. On August 28, 2002, the Defendant is the owner of a truck A, and the employee B violated the restriction on operation by loading a cargo of 11.1 ton on the third axis in excess of 10 ton of a stable weight at a new coal train business establishment located at a 285 kilometer 285 kilometers of B with respect to his duties.

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 500,00 was finalized due to a summary order subject to review, but Article 86 of the same Act provides that "if 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," with respect to 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."

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.