The defendant shall be innocent.

1. The Defendant is the owner of A truck, and around 13:17 May 2002, with respect to his duties, the Defendant violated the restriction on operation by loading the cargo of 11.645 tons and 11.585 tons on the 2nd axis in excess of 10 tons of restricted weight at the 11.645 tons in front of the Gun owner's business office of the Korea Highway Corporation, and loading the cargo of 47.365 tons in excess of 40 tons of restricted gross weight, and operating the said vehicle at around 14:27 May 6, 2002 by operating the said vehicle.

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 700,00 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.