The defendant shall be innocent.

1. On December 17, 2002, at around 05:10 on December 17, 2002, the Defendant was the owner of a truck A, and around 05:10 on December 17, 2002, the Defendant violated the restriction on operation by carrying freight of more than 10.9 tons of gross weight on the 4 livestock, exceeding 10.9 tons of gross weight at the front of the new coal control inspection station of the Korea Highway Corporation, and the gross weight of more than 10.8 tons, and operating the said vehicle.

2. The judgment prosecutor, applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), filed a public prosecution and the punishment of a fine of KRW 700,00 was finalized due to a summary order subject to review, but Article 86 of the same Act provides that "if an agent, employee, or other employee of a corporation commits an offense under Article 83(1)2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article," with respect to Article 86 of the same Act that "if the agent, employee, or other employee of the corporation commits an offense under Article 83(1)2, 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.