The defendant shall be innocent.

1. On April 10, 2004, the Defendant is the owner of a truck A, and around April 10, 2004, around 03:42, the Defendant violated the restriction on operation by loading the freight of 11.28 tons on the 2 axiss in excess of 10 tons of a stable weight in front of the business establishment of the Korea Highway Corporation, as well as the 11.28 tons of the said vehicle.

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 wholly amended by Act No. 7832 of Dec. 30, 2005), shall institute a public prosecution, and a fine of KRW 300,00 has become final and conclusive due to a summary order subject to review, but Article 86 of the above Act provides that "where an agent, employee, or other employee of a corporation commits an offense under Article 83(1)2 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation," which is "where the agent, employee, or other employee of the corporation commits an offense under Article 83(1)2 of the above Act, a fine under the corresponding Article shall also be imposed on the corporation, which is retroactively invalidated by the decision of the Constitutional Court on Oct. 28, 2010. Therefore, the facts charged in this case