The defendant shall be innocent.

1. On November 16, 1999, at around 04:40 on November 16, 199, the Defendant, as the owner of C truck, violated the restrictions on operation by loading freight exceeding 44.2 tons of total weight of 44.2 tons and operating the said vehicle at the front of the North Daejeon Daejeon's business office, which is 3.5 kilometers in the 3.5 kilometers of the Gyeongnam Highway, with respect to his duties.

2. The part of Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005) that “if an agent, employee, or other employee of a corporation commits an offense provided for in Article 83(1)2 in connection with the business of the corporation, a fine of KRW 700,00 has been determined by the summary order subject to review, but Article 86 of the same Act provides that “if the agent, employee, or other employee of the corporation commits an offense provided for in Article 83(1)2, the corporation shall also be punished by a fine provided for in the corresponding Article,” which states that the Constitutional Court shall retroactively lose its effect by decision 2010Hun-Ga38 of Oct. 28

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.