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The defendant shall be innocent.
Reasons
1. On December 22, 1994, at around 12:49 on December 22, 1994, the Defendant, the owner of a truck A, who is his employee B, violated the restriction on operation by carrying a cargo of more than 11.1 ton of the freight on the 2 axis in excess of 10 ton of a livestock weight at the traffic control inspection room for the small and medium-sized motor vehicle located in the small and medium-sized Tool-Tool-
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 punishment of a fine of KRW 200,00 was finalized by a summary order subject to review but, in Article 86 of the same Act, “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 also be punished by a fine under the corresponding Article,” in Article 86 of the same Act, the portion that “if the agent, employee, or other employee of the corporation commits a violation under subparagraph 1 of Article 84, 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.