The defendant shall be innocent.

1. On October 8, 1994, at around 12:50 on October 12, 1994, the Defendant was the owner of a truck A, and around October 12:50 on the part of his employee B, the Defendant violated the restriction on operation by carrying freight of 10.3 tons and 11.1 tons on the third axis and operating the said vehicle in excess of 10 tons at the front of the new carbon control inspection place of the Korea Highway Corporation.

2. The part of 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) that "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, a fine of 200,000 won has been determined by the summary order of February 23, 1995, but Article 86 of the above Act provides 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 of the relevant Article shall also be imposed on the corporation, which is retroactively invalidated by the decision of the Constitutional Court on 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.