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The defendant shall be innocent.
Reasons
1. On January 14, 1997, at around 14:16, the Defendant was the owner of a truck A, and around January 14:16, 1997, the Defendant violated the restriction on the operation by loading the cargo of more than 11.3 tons of a 3 livestock with a gross weight exceeding 10 tons at the 3 livestock shedTol in the Guritoluth of Gyeonggi-do.
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. 97Da1177 of July 25, 1997, but where an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 of the above Act, the portion of "where the agent, employee or other employee of the corporation commits a violation under Article 83(1)2 of the Act, a fine under Article 86 of the same Act shall also be imposed on the corporation, which shall be retroactively invalidated by the Constitutional Court Order 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.