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The defendant shall be innocent.
Reasons
1. On May 12, 2005, the Defendant is the owner of a truck A, and around May 12, 2005, around 01:39, the Defendant violated the restriction on operation by loading the freight of more than 11.3 tons of total weight exceeding 10 tons at the port of Busan at the port of Busan Highway, and operating the said vehicle.
2. The judgment prosecutor instituted a public action in accordance with Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of January 5, 1995, and by Act No. 7832 of December 30, 2005), and the sentence of a fine not exceeding 300,000 won was finalized by a summary order No. 2005 high-ranking2919 of November 22, 2005, but Article 86 of the above Act provides that "where an agent, employee or other employee of a corporation commits an offense provided for in Article 83(1)2 in connection with the business of the corporation, a fine provided for in Article 83(1) of the above Act shall also be imposed on the corporation, which shall be imposed retroactively to this part by the Constitutional Court Order No. 2010Hun-Ga38 of October 28, 2010.
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.