The defendant shall be innocent.

1. The Defendant is the owner of A truck, and the employee B violated the restriction on operation by loading the freight of 11.1 ton on the 4 livestock, exceeding 10 ton of a stable weight, at the Taenam Highway Branch of the Korea Highway Corporation located at 16:07, August 21, 2001, in relation to his duties, around 16:07, at the Taenam Expressway Branch of the Korea Highway Corporation, in excess of 10 ton of a stable weight.

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 determined by a summary order No. 201 of Dec. 15, 2001, but Article 86 of the above Act provides that "where an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, a fine under Article 83(1) of the above Act shall also be imposed on the corporation, as well, becomes retroactively null and void by the Constitutional Court ruling No. 2010Hun-Ga38 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.