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The defendant shall be innocent.
Reasons
1. On March 13, 1994, at around 18:20 on March 13, 1994, the Defendant, as the owner of A truck, violated the restriction on operation by loading a cargo of 17 tons and 17 tons at a 3 livestock shed in excess of 10 tons of a stable weight on the roads located in Giinwon-gun, Changwon-gun, Ginam-gun, and operated the said vehicle.
2. In applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and by Act No. 4920 of Jan. 5, 1995), the sentence of a fine of KRW 300,000 was finalized by a summary order of June 7, 1994 by the court. However, in Article 86 of the above Act, "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, the corporation shall be punished by a fine under the corresponding Article, as well as the corporation, by the decision of the Constitutional Court on Dec. 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.