The defendant shall be innocent.

1. The Defendant is the owner of A truck, and the employee B violated the restrictions on operation by loading the freight of 11.18 tons at the 5 livestock, exceeding 10 tons of a stable weight, at the 16:40 on December 31, 2004 at the 89.5kim point in Honam Line, Honam Line 89.40 on December 31, 2004 and operating 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 amended by Act No. 7832 of Dec. 30, 2005), where a fine of 700,000 won was finally determined by the summary order No. 20503 of May 18, 2005, 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 Article 83(1) shall also be imposed on the corporation, which shall be imposed on the corporation, 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.