The defendant shall be innocent.

1. On June 7, 2002, around 08:26, the Defendant was the owner of a truck A, and around June 7, 2002, the Defendant violated the restriction on operation by loading a cargo of 11.1 ton on the 2 livestock shed in excess of 10 ton of a stable weight in front of the new carbon control inspection station of the Korea Highway Corporation, and operating the said vehicle.

2. The prosecutor charged a public action against the facts charged of this case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005). Article 86 of the above Act provides that "where an agent, employee or other worker of a corporation commits a violation provided for in Article 83(1)2 with respect to the business of the corporation, a fine provided for in the corresponding Article shall be imposed on the corporation," the same provision provides that "if the agent, employee or other worker of the corporation commits a violation provided for in Article 83(1)2, a fine shall be imposed on the corporation, which shall be imposed on October 28, 2010 by the Constitutional Court."

Therefore, the facts charged in this case constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.