The defendant shall be innocent.

1. On March 25, 1994, at around 01:29 on March 25, 1994, the Defendant violated the restriction on operation by loading freight of 11.295 tons on the third axis, 11.295 tons, and 11.295 tons on the fourth axis, 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 16, 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, 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.