The defendant shall be innocent.

1. On July 26, 2005, the Defendant is the owner of the A truck, and the employee B violated the restriction on operation by operating the said vehicle in a state where it is loaded with the cargo of 11.03 tons exceeding 10 tons of restricted weight at a place of business located at a point of 274 km from the net starting point of view around 05:20 on July 26, 2005.

2. The judgment prosecutor instituted a public action by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), and the punishment of a fine of KRW 300,00 is finalized with a summary order subject to review. However, in Article 86 of the above Act, "where an agent, employee or other worker of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, the corporation shall be punished by a fine under the corresponding Article.

“The Constitutional Court Order 2010Hun-Ga38 dated October 28, 2010 rendered that this part was retroactively null and void with respect to the part “.”

Therefore, the facts charged of this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.