The defendant shall be innocent.

1. On March 16, 1996, at around 12:47 on March 16, 1996, the Defendant, who is the owner of a truck A, violated the restriction on operation by loading the freight of more than 11.1 ton of total weight exceeding 10 ton on the road near the old road construction site at the location of the road construction 27.5km-ri line.

2. The judgment prosecutor, 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), where a fine of 200,000 won was determined by the summary order No. 96Da1406 of Aug. 23, 1996, but where an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 of the above Act, the portion of "where the agent, employee or other employee of the 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 same Act shall be imposed on the corporation shall be retroactively invalidated by the Constitutional Court Order No. 2010Hun-Ga38 of 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.