The defendant shall be innocent.

1. The Defendant is the owner of B truck. On October 18, 2004, at around 21:59, the Defendant violated the restriction on operation by loading a cargo of 11.12 tons on the 2-scale 10 tons and operating the said vehicle in excess of 10 tons at the central control examination room in front of the C-dong, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do on October 18, 2004.

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 amended by Act No. 7832 of Dec. 30, 2005), and the sentence of a fine of 300,000 won was finalized by a summary order No. 1936 of Aug. 19, 2005. However, in Article 86 of the above Act, "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 fine under the corresponding Article shall also be imposed on the corporation," which is retroactively invalidated by the Constitutional Court ruling 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.