The defendant shall be innocent.

1. On May 25, 200, at around 09:50 on May 25, 200, the Defendant, as the owner of the freight truck, violated the restriction on vehicle operation of the road management authority by operating the freight loaded with the freight of 11.02 tons on the third axis of the truck in excess of 10 tons of restricted weight at the amendment department of the front station located in the Tonggri-ri, the Sinsan-si, the amendment of the Sinsan-si on May 25, 200.

2. The prosecutor charged a public prosecution by applying 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) to the facts charged in the instant case.

However, in Article 86 of the above Act, where an agent, employee, or other servant of a corporation commits an offence under Article 83 (1) 2 in connection with the business of the corporation, the corporation shall also be punished by a fine under the corresponding Article," the Constitutional Court rendered a ruling of 2010Hun-Ga38, October 28, 2010, retroactively invalidated its effect.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.