The defendant shall be innocent.

1. On December 29, 1993, at around 20:46, the Defendant, as the owner of A truck, violated the restriction on operation by loading the freight of 10.2 tons and 11.3 tons on the third-scale, in excess of 10 tons on the road in front of the business site of Honam Expressway, 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 sentence of a fine not exceeding 300,000 won was finalized by a summary order of April 29, 1994 by the court; however, Article 86 of the above Act provides that "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, a fine under the corresponding Article shall be imposed on the corporation, as well, shall be imposed on the corporation, by the Constitutional Court Order No. 2011Hun-Ga24, 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.