The defendant shall be innocent.

1. The summary of the facts charged is the owner of a vehicle A and the user B who is the driver of the above vehicle.

B even though the operation of a vehicle exceeding 10 tons of a stable and a total weight of 40 tons was restricted on June 13, 2005, when the National Highway No. 1 located in Chungcheongnam-gun prior to Chungcheongnam-gun, in order to preserve the road structures and prevent risks to its operation, the national highway No. 1 located in Chungcheongnam-gun was in violation of the above provisions concerning the Defendant’s duties by loading freight on the above vehicle with a total weight of at least 10 tons, around November 13, 2005, around 11:1, 11.15 tons, 2:11.85 tons, 3.2 tons, 4.85 tons, 1.45 tons, 6 tons, 11.6 tons, 7 tons, 11.7 tons, 8 tons, 11.0 tons, 8 tons, and 95.8 tons of gross weight.

2. The Constitutional Court rendered a decision of unconstitutionality on October 28, 2010 that "if an agent, employee, or other worker of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under Article 83 (1) 2 shall also be imposed on the corporation in violation of the Constitution." Accordingly, Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) applied by the public prosecutor to the facts charged in the case of this case is retroactively invalidated pursuant to the proviso of Article 47 (2) of the Constitutional Court Act.

Thus, the facts charged in this case constitute a crime, and thus, is not guilty under the former part of Article 325 of the Criminal Procedure Act.