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 freight at a height exceeding 2 meters from the upper limit of 4.23 meters at the upper limit of 2 meters in front of the galone of Pyeongtaek-si galone, Pyeongtaek-si, Pyeongtaek-si, on April 20, 2002, with respect to his duties.

2. The judgment prosecutor instituted a public action in accordance with Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and by Act No. 7832 of Dec. 30, 2005), and the sentence of a fine of 700,000 won was finalized by a summary order No. 2002 high-ranking2101 of Nov. 8, 2002. However, in Article 86 of the above Act, "where an agent, employee or other employee of a corporation commits a violation of Article 83(1)2 in connection with the business of the corporation, the fine under the corresponding Article shall also be imposed on the corporation," which is retroactively invalidated by the Constitutional Court ruling No. 2010, 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.