The defendant shall be innocent.

1. The Defendant is the owner of A truck. On March 19, 2003, at around 06:03, the Defendant violated the restriction on operation by loading a cargo with a weight exceeding 11.2 tons at the fifth metric tons at the time exceeding 10 tons at the front of the Daejeon High-Control Inspection Station located in the direction of Busan, Busan, about March 19, 2003, with respect to the work of B, who is its employee.

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 500,00 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.