The defendant shall be innocent.

1. On November 14, 200, the Defendant, as the owner of I truck, operated a vehicle with a gross weight exceeding 10 tons and 4.60 tons, even though the vehicle cannot be operated with a gross weight exceeding 4.60 tons, in order to preserve the structure of the road and prevent the risks of traffic on the roads of the Yanyang-gun National Road No. 5, Chungcheongnamyang-gun, Chungcheongnamyang National Road on November 14, 200.

2. The above facts charged fall under Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005). However, according to the decision of the Constitutional Court, the above part of Article 86 of the former Road Act, "where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 with respect to the business of the corporation, a fine under the relevant Article shall be imposed on the corporation, as well as the corporation, shall be imposed retroactively according to the decision of unconstitutionality of Article 86 of the former Road Act."

Thus, the facts charged in 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