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The defendant shall be innocent.
Reasons
1. On October 13, 1994, the Defendant, as the owner of a truck, violated the restrictions on operation by loading the freight of 43.54 tons of gross weight of 12.325 tons at a 3 axis and 12.325 tons at a 43.54 tons, and operating the said vehicle on the street in front of the string of less than 11:22 on October 13, 1994, the Defendant, as his employee, carried the freight of 12.325 tons at a 43.54 tons of gross weight.
2. The decision of the Constitutional Court on Article 86 of the former Road Act (amended by Act No. 86 of the same Act) that "if an agent, employee, or any other employee of a corporation commits an act in violation of the provisions on the business of the corporation, the corporation shall be punished by a fine under the corresponding provisions shall also be punished by a fine), the sentence of a fine of KRW 50,00 was finalized by a summary order subject to review."
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.