The defendant shall be innocent.

1. On October 5, 2005, at around 23:55 on October 23:5, 2005, the Defendant is the owner of a truck, and around 16.7 meters in length, 2.5 meters in width, and 4.2 meters in height, the Defendant violated the restriction on operation by carrying the freight exceeding 0.08 meters at a height of 4.28 meters and operating the said vehicle.

2. The judgment prosecutor, applying Articles 86 and 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), filed a public prosecution, and a fine of KRW 300,00 was finalized by a summary order subject to review, but Article 86 of the same 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, the corporation shall also be punished by a fine under the corresponding Article, if the agent, employee, or other employee of the corporation commits an offense under Article 83(1)2 of the same Act, the portion of this Act, which was decided by the Constitutional Court on Oct. 28, 2010, retroactively invalidated this part.

3. According to the conclusion, the facts charged in the instant case constitute a crime and thus, not guilty under the former part of Article 325 of the Criminal Procedure Act.