The defendant shall be innocent.

1. On March 21, 1994, at around 01:59 on March 21, 1994, the Defendant, as the owner of A truck, violated the restriction on operation by loading a cargo of at least 11.3 tons on the 2 axis and operating the said vehicle in excess of 11.3 tons on the street at a point of 119 kilometers in front of the running line of the Honam Expressway.

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 of 300,000 won was finalized by a summary order No. 94, Sept. 28, 1994; however, Article 86 of the above Act provides that "where 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 also be imposed on the corporation, as well, shall be imposed on the corporation." This part of the Constitutional Court Order No. 2011Hun-Ga24, Dec. 29, 2011, which affected the retroactive effect.

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.