The defendant shall be innocent.

1. The summary of the facts charged of this case is that A, an employee of the defendant, was in violation of the National Highway 44 line in accordance with the National Highway 44 line in order to load grain from the Yangyang-gun grain warehouse to Chuncheon on May 16, 1995 with respect to the defendant's business, while operating the 10 tons of vehicles exceeding 10 tons of gross weight 40 tons at the bottom of axis in order to preserve road structure and prevent traffic danger, although the operation of vehicles exceeding 10 tons at the national highway 44 line (personal limitation - Yangyangn) was restricted in order to preserve road structure and prevent traffic danger, as a result of the measurement of excess loading at the 13:46 Tyang-gun's written invoice movement of Yangyang-gun-gun and the 10.8 tons at the 10.2 tons at the 3nn load of the above vehicle, which was measured at the 13:46 tons and 10.2 tons at the 3n load.

2. The prosecutor of the judgment applied Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005; hereinafter “former Road Act”) to the facts charged in the instant case, and the defendant was notified of the summary order subject to retrial and confirmed.

However, after the above summary order became final and conclusive, the part of Article 86 of the former Road Act stating that "if an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall be punished by a fine under the relevant Article." In accordance with the above decision, the corresponding provision of the same Act, which is applicable mutatis mutandis to the facts charged, was retroactively invalidated.

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.