The defendant shall be innocent.

1. On June 17, 2003, the Defendant: (a) around 01:02, at the 01:00m Seoul Myeonsan Branch Office located in the Gyeongdo Highway 381.9km; and (b) even though the Defendant’s employee could not operate more than 10t of the limited storage weight, the Defendant, as an employee, loaded the 11.10t freezing fish on the second axis of B in relation to his duties and operated the said vehicle.

2. Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which is a joint penal provision among the applicable provisions of the above facts charged, retroactively loses its effect due to the Constitutional Court Decision 201Hun-Ga38 of Oct. 28, 2010, etc.

Thus, the above facts charged constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.