The defendant shall be innocent.

1. The Defendant is the owner of a truck A, who is his employee B, violated the restriction on operation by carrying a cargo of 11.15 tons on the part of his employee B, in excess of 10 tons of a stable weight in front of the current state of the Seo-gu Daejeon-gu Daejeon-dong, Daejeon-gu, Daejeon-gu, by carrying the cargo of 11.15 tons on the 2 axis and operating the said vehicle.

2. The judgment prosecutor filed a public prosecution by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), and the sentence of a fine of KRW 1,00,00 was finalized due to a summary order subject to review, but Article 86 of the above Act provides that "where an agent, employee, or other employee of a corporation commits an offense under Article 83(1)2 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," which is "where the agent, employee, or other employee of the corporation commits an offense under Article 83(1)2 of the Act, a fine under the relevant Article shall also be imposed on the corporation, which becomes retroactively null and void by the decision of the Constitutional Court on Oct. 28, 2010. Therefore, the facts charged in this case constitute a crime