The defendant shall be innocent.

1. The summary of the facts charged is the owner of B vehicle, who is A, the driver of the said vehicle.

A around April 14, 2004, around 09:36, in order to preserve the structure and prevent the danger of operation, the national highways, in front of the Gambibro 479-3 Gambropo-guns of Gyeonggi-gu, were in an area where it is impossible to load and operate the said national highways in excess of 10 tons of a stable and 40 tons of a total weight, but was in violation of the above provisions regarding the Defendant’s duties by loading and operating the vehicle with a total weight exceeding 20.15 tons, 3.15 tons, 3.15 tons, 4.59 tons, 1.68 tons, and 3.35 tons of a total 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.