The defendant shall be innocent.

1. On June 19, 1994, around 05:26, the Defendant, who is the owner of a truck A, violated the restriction on operation by loading a small weight exceeding 11.3 tons on a third-scale 10 tons at the Korea Highway Corporation located in the Incheon Metropolitan City, in relation to the work of the said employee B, 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 of Mar. 10, 1993 and amended by Act No. 4920 of Jan. 5, 1995) to the part that "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 of 300,000 won was determined by the summary order of Oct. 18, 1994 in this court, but the part that "if the agent, employee or other employee of the corporation commits a violation under subparagraph 1 of Article 84 in connection with the business of the corporation, a fine under the pertinent Article shall also be imposed on the corporation," which was retroactively invalidated by the Constitutional Court ruling of 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.