The defendant shall be innocent.

1. On February 17, 1994, the Defendant is the owner of a truck A, and around February 21, 1994, the Defendant violated the restriction on operation by loading freight of more than 11.6 tons, 11.9 tons, 10.5 tons, 10.5 tons, and gross weight of more than 4.6 tons, with a gross weight of more than 4.6 tons at the same place of business of the Korea Highway Corporation prior to the same orchard, and operated the said vehicle in excess of 10 tons at the same place of business.

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 500,00 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.