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 cargo of more than 44.07 tons of total weight in excess of 40 tons at the 129k Seoul Southern Expressway's branch office in the Seoul direction of Seoul, around June 17, 2004 and operating the said vehicle.

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), filed a public action, and the sentence of a fine of 300,000 won was finalized by a summary order No. 2004 high-ranking2814 of Nov. 26, 2004, 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 the pertinent Article shall also be imposed on the corporation, which shall be imposed on the corporation, is 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.