The defendant shall be innocent.

1. On November 21, 1996, the Defendant, the owner of A truck, who is his employee, violated the restrictions on operation by loading a total weight exceeding 45.9 tons on the front of the branch office of the Korea Highway Corporation at a point 155 km point of the Namnam Expressway (16:24 November 21, 1996) and 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 amended by Act No. 7832 of Dec. 30, 2005), shall institute a public action, and the sentence of 200,000 won is finalized by a summary order No. 97Da439 of Apr. 24, 1997. However, in Article 86 of the above Act, where an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 of the Act, the portion that "if the agent, employee or other employee of the corporation commits a violation under Article 83(1)2 of the Act, the corporation shall be punished by a fine under Article 209Hun-Ga38 of Oct. 28, 2010, this part shall be retroactively null and void.

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.