The defendant shall be innocent.

1. On April 29, 1994, the Defendant is the owner of a truck A, and around 17:51 on April 29, 1994, the Defendant violated the restriction on operation by loading freight of more than 11.3 tons at the 4 livestock shed at the Busan Highway Corporation's business office and operating the said vehicle in excess of 10 tons.

2. In applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and by Act No. 4920 of Jan. 5, 1995), the sentence of a fine of KRW 500,00 was finalized by a summary order of September 5, 1994 by the court. However, in Article 86 of the above 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 be punished by a fine under the corresponding Article, even the corporation shall be punished by the Constitutional Court Order 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.