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The defendant shall be innocent.
Reasons
1. The Defendant is the owner of A truck, and the employee B violated the restriction on operation by loading the cargo of 10.8 tons and 11.3 tons on the third axiss exceeding 10.8 tons of 10.8 tons and 4 tons of the above vehicle on May 24, 1999, at around 64.5§¯ of the Honam Highway 19:40 on May 24, 199.
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 300,00 was finalized by 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, the portion 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.