The defendant shall be innocent.

1. The Defendant is the owner of A truck, and around 14:36 December 4, 2007, the Defendant violated the restriction on operation by loading freight of 11.93 tons and 11.94 tons at the 4 livestock shed, in excess of 10 tons of a stable weight at the regular Eup/Myeon office of the Korea Highway Corporation (Seoul Expressway).

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, Apr. 25, 2008; a fine of 300,000 won was finalized by the summary order No. 464, Apr. 25, 2008; 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 pertinent 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.