The defendant shall be innocent.

1. On June 25, 2004, the Defendant is the owner of a truck A, and around June 11:16, 2004, the Defendant violated the restriction on operation by carrying a cargo of 11.36 tons on the 5 livestock, which exceeds 10 tons of a stable weight, at the front of the Busan Metropolitan Area of Korea Highway, and operating the said vehicle.

2. The judgment prosecutor filed a public prosecution by applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), and the sentence of a fine of KRW 1,00,000 was finalized by a summary order No. 204 dated Sep. 3, 2004, which became final and conclusive, but Article 86 of the above Act provides that "where an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article 83(1) of the same Act shall also become retroactively null and void by the Constitutional Court ruling No. 2010, Oct. 28, 2010.

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.