The defendant shall be innocent.

1. On August 6, 1994, at around 06:09 on August 6, 1994, the Defendant was the owner of a truck A, and around 06:09, the Defendant violated the restriction on operation by carrying freight of 11.5 tons and 11.4 tons on the 2nd axis in excess of 10 tons of a stable weight in front of the business site of the Korea Highway Corporation, and operating the said vehicle.

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) to a public action, and the sentence of a fine of KRW 200,000 was finalized by a summary order No. 94 high-ranking1010, Nov. 7, 1994; however, in Article 86 of the above Act, the portion of "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, a fine under the corresponding Article shall be imposed on the corporation," which is retroactively invalidated by the Constitutional Court decision No. 2011Hun-Ga24, 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.