The defendant shall be innocent.

1. The Defendant is the owner of A truck, and around 09:45 on Nov. 22, 1994, the Defendant violated the restriction on operation by loading freight of 10.1 ton, 11.2 ton, 3 ton, and operating the said vehicle, exceeding 10 ton of 10.1 ton, 11.2 ton, and 11.2 ton of 3 ton on Nov. 28, 1994 at the Suwon-gun Seoul Branch, Suwon-do Seoul Branch, Suwon-do Seoul Metropolitan City located in Suwon-gun, Gyeonggi-do on Nov. 22, 1994. The Defendant violated the restriction on operation by driving the said vehicle.

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 not exceeding 300,000 won was finalized by a summary order of April 20, 1995 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 corresponding Article shall 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.