The defendant shall be innocent.

1. On July 26, 1993, at around 17:22, the Defendant was the owner of a truck A, and around July 26, 1993, the Defendant violated the restriction on operation by carrying a cargo of 11.3 tons on the third axiss exceeding 10 tons of a stable weight at the front of the petition office of the Korea Highway Corporation, and operating the said vehicle.

2. In applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and by Act No. 4920 of Jan. 5, 1995), the judgment prosecutor filed a public prosecution by applying Article 86 and Article 84 subparagraph 1 of the same Act (amended by Act No. 4920 of Dec. 22, 1993), and the sentence of a fine of KRW 300,00 was finalized by a summary order of December 22, 1993, but Article 86 of the same Act provides that "if an agent, employee or other employee of a corporation commits a violation under Article 84 subparagraph 1 of the same Act in connection with the business of the corporation, the corporation shall be punished by a fine under Article 84 shall also be retroactively invalidated by the Constitutional Court Order of Dec. 29, 2011.

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.