The defendant shall be innocent.

1. The Defendant is the owner of A truck. On September 12, 2007, at around 05:51 on September 12, 2007, the Defendant, an employee of the Defendant, carried a cargo of more than 11.78 tons and operated the said vehicle in excess of 10 tons at the petition business office located at the Busan Highway located at the Busan Highway located 295.6 kilometers, and violated the restriction on operation.

2. The judgment prosecutor, applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Mar. 21, 2008; a fine of 300,000 won was finalized by a summary order No. 2007Da3085, Dec. 7, 2007; however, 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 corresponding Article shall also be imposed on the corporation," which is retroactively invalidated by the Constitutional Court decision No. 2008HunGa17, Jul. 30, 2009.

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.