The defendant shall be innocent.

1. On January 8, 1994, at around 12:00 on January 12, 1994, the Defendant was the owner of a truck A, and around January 8, 1994, the Defendant violated the restriction on operation by loading the freight of 11.1 ton on the third axis in excess of 10 ton of a stable weight at the same place of business in front of the same orchard and operating the said vehicle.

2. The judgment prosecutor, applying 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 KRW 500,00 was finalized by a summary order of June 10, 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 pertinent Article shall be imposed on the corporation, as well, becomes retroactively null and void by the decision of the Constitutional Court on December 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.