The defendant shall be innocent.

1. The Defendant, as the owner of freight truck A in the facts charged of this case, operated the said vehicle on the road on August 19, 2001, which was around 22:03, the Defendant, an employee of the Defendant, on August 19, 2001, on the road No. 39, the 3-scale weight exceeding 1.03 tons.

2. Of the applicable provisions of the facts charged in this case, Article 86 of the former Road Act, which is a joint penal provision, "where an employee of a corporation commits a violation provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation." The Constitutional Court rendered a judgment of unconstitutionality that the relevant provision of the Act is unconstitutional, such as Supreme Court Decision 2010Hun-Ga14 Decided October 28, 2010. Accordingly, the aforementioned provision of the Act retroactively invalidated

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