The defendant shall be innocent.

1. The defendant is the owner of a truck A, who is his employee B, and freight with gross weight exceeding 40 tons in total weight of 44.20 tons in front of the Gwangju Highway Corporation's business office at around January 17:25, 200 with respect to his business affairs, around January 17:25, 204, and the same year;

1. At around 14:18, 16: (a) around 14:18, all west-gun, other than the west-gun, with a gross weight exceeding 4.30 tons, each of the cargo loaded at a large weight exceeding 4.30 tons and operated the said vehicle, thereby violating the restriction on operation.

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