The defendant shall be innocent.

1. The facts charged A is the employee of the defendant who is the B truck driver, and the defendant is the owner of the above cargo as a corporation for the purpose of cargo transport business, etc.

A, on September 5, 2007, around 08:32, in relation to the defendant's service, operated the cargo vehicle while loaded with the cargo of 11.23t in excess of 10t out of the limit to the 2 axis of the above cargo vehicle at the Korean-ro 219-2 located in Pyeongtaek-si Do, Pyeongtaek-si, Dongsan-do. In relation to the defendant's service, A violated the restriction on the operation of the vehicle of the Road Management Agency.

2. The prosecutor filed the instant prosecution by applying Article 86 of the former Road Act (amended by Act No. 4545 of March 10, 1993, and wholly amended by Act No. 8976 of March 21, 2008) to the facts charged of the instant case.

In this regard, when an agent, employee or other worker of a corporation commits an act of violation pursuant to the provisions of Article 83 (1) 2 of the former Road Act in Article 86 of the former Road Act, the corporation shall also be punished by a fine pursuant to the corresponding Article.

The phrase “” was retroactively invalidated in accordance with the Constitutional Court Order 2010Hun-Ga38 Decided October 28, 2010 and Article 47(3) of the Constitutional Court Act.

Thus, the facts charged of this case constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.