The defendant shall be innocent.

1. On October 27, 2004, the Defendant is the owner of a truck A, and around 00:24 October 27, 2004, the Defendant violated the restriction on operation by loading freight exceeding 11.53 tons of a stable weight at a regular Eup/Myeon office located in the Korea Highway Corporation at a point of 129 km from the 10:50 tons of cargo at a regular Eup/Myeon office.

2. The judgment prosecutor, applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), where a fine of 300,000 won was finally determined by the summary order No. 2005Ga187 of Apr. 12, 2005, but Article 86 of the above Act provides that "where an agent, employee, or other employee of a corporation commits an offense under Article 83(1)2 in connection with the business of the corporation, a fine under Article 83(1) shall also be imposed on the corporation, which shall be imposed on the corporation, is retroactively invalidated by the Constitutional Court ruling No. 2010HunGa38 of Oct. 28, 2010.

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.