The defendant shall be innocent.

1. The Defendant is the owner of A truck. On April 30, 1997, around 02:35, the Defendant violated the restriction on operation by loading the freight of 10.9 tons and 11.5 tons at the 3 livestock shed, in excess of 10 tons of a stable weight at the Ulsan Kimcheon Office at a point of 227 km of the B-do Highway, at the Ulsan Kimcheon Office, and operating the said vehicle.

2. The judgment prosecutor instituted a public action in accordance with Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and by Act No. 7832 of Dec. 30, 2005), and the sentence of a fine not exceeding 500,000 won was finalized by a summary order No. 97 high-ranking1934 of Oct. 13, 1997, 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, a fine under Article 83(1) of the above Act shall also be imposed on the corporation, and this part shall retroactively lose its effect by the Constitutional Court Order 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.